Time Spent Clearing Security Not Compensable
- By Your mom
- •
- 02 Jul, 2007
The Second Circuit Court of Appeals recently held that time spent by employees
undergoing security checks when entering their place of employment is not compensable under
the Fair Labor Standards Act (“FLSA”). Gorman v. Con. Ed. Corp., 2007 U.S. App. LEXIS
12450 (2d Cir. 2007). The case involved employees at a nuclear power plant who were required
to undergo lengthy security procedures upon entering or exiting the facility. The process
intensified following the attacks on September 11.
The court noted that for pre-shift activities to be compensable under the FLSA they must
be both “indispensable” and “integral” to the employees’ “principal activities,” defined as
activities for which they were hired. Although the court recognized that the up to 30 minutes
spent each day complying with the security procedure was significant, and an “indispensable” or
necessary element of working at the plant, it found the security requirements were not an
“integral” part of the employees’ actual job duties. As a result the time was not compensable.
In analyzing the issue, the court compared the time spent entering the plant with
traditional “travel time” commuting to work, which is not compensable. While post September
11 security compliance has lengthened the commuting time for some employees, such periods
may be treated as unpaid time even when the delays are caused by employer policies.
While this case involved a nuclear facility, many employers have increased security
procedures that have lengthened the time employees spend getting to their actual work location.
The court has clearly articulated that such time is not compensable and that security related
delays found in the post September 11 world are a price to be borne by all, not just employers.
undergoing security checks when entering their place of employment is not compensable under
the Fair Labor Standards Act (“FLSA”). Gorman v. Con. Ed. Corp., 2007 U.S. App. LEXIS
12450 (2d Cir. 2007). The case involved employees at a nuclear power plant who were required
to undergo lengthy security procedures upon entering or exiting the facility. The process
intensified following the attacks on September 11.
The court noted that for pre-shift activities to be compensable under the FLSA they must
be both “indispensable” and “integral” to the employees’ “principal activities,” defined as
activities for which they were hired. Although the court recognized that the up to 30 minutes
spent each day complying with the security procedure was significant, and an “indispensable” or
necessary element of working at the plant, it found the security requirements were not an
“integral” part of the employees’ actual job duties. As a result the time was not compensable.
In analyzing the issue, the court compared the time spent entering the plant with
traditional “travel time” commuting to work, which is not compensable. While post September
11 security compliance has lengthened the commuting time for some employees, such periods
may be treated as unpaid time even when the delays are caused by employer policies.
While this case involved a nuclear facility, many employers have increased security
procedures that have lengthened the time employees spend getting to their actual work location.
The court has clearly articulated that such time is not compensable and that security related
delays found in the post September 11 world are a price to be borne by all, not just employers.
