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        <title><![CDATA[compensable time - Gordon Law Group, LLP]]></title>
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                <title><![CDATA[Time Waiting For Security Screens Should Be Paid Time Too]]></title>
                <link>https://www.gordonllp.com/blog/time-waiting-for-security-screens-should-be-paid-time-too/</link>
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                <dc:creator><![CDATA[Gordon Law Group]]></dc:creator>
                <pubDate>Tue, 23 Apr 2013 01:10:57 GMT</pubDate>
                
                    <category><![CDATA[Blog]]></category>
                
                
                    <category><![CDATA[compensable time]]></category>
                
                
                
                <description><![CDATA[<p>Temporary warehouse workers in Nevada won a pay case about unpaid security checks. The decision came from the United States Court of Appeals for the Ninth Circuit. In Busk v. Integrity Staffing Solutions, the court ruled that exit security scans may count as paid work time under the Fair Labor Standards Act. Workers claimed the&hellip;</p>
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<p>Temporary warehouse workers in Nevada won a pay case about unpaid security checks. The decision came from the United States Court of Appeals for the Ninth Circuit. In <strong>Busk v. Integrity Staffing Solutions</strong>, the court ruled that exit security scans may count as paid work time under the Fair Labor Standards Act. Workers claimed the scans happened at work. </p>



<p>They said the scans aimed to stop theft. They also said the process protected the employer, not personal needs. Since the scans were required to leave the shift, the court treated the 25-minute exit delay as work time. The court accepted these claims as valid for review.</p>



<h3 class="wp-block-heading" id="h-what-was-not-paid-time"><strong>What Was Not Paid Time</strong></h3>



<p>The same workers also asked for pay while walking to lunch areas. The court rejected this request. The judges said the lunch walk did not support core warehouse duties. The claim also included a 5-minute security check before lunch. The court ruled that 5 minutes was too short to pay. It used the <strong>de minimis</strong> standard, meaning time that is small enough to ignore. The lunch walk claim was also reviewed under the Portal-to-Portal Act, which excludes certain pre-shift and post-shift walks. The court noted a big difference: screening at shift end caused a 25-minute delay. Lunch clearance caused only a 5-minute one-way check.</p>



<h3 class="wp-block-heading" id="h-why-this-decision-still-matters"><strong>Why This Decision Still Matters</strong></h3>



<p>This ruling helps companies understand when time becomes paid work. A security scan may count as paid if: it happens at work, it protects employer assets, it ties to job access, and it delays shift end for employer benefit. Longer scans affect personal time and should be logged. Clear clock placement prevents disputes. Firms that define duties better reduce stress. Employees return with better focus when rules are fair.</p>



<h3 class="wp-block-heading" id="h-quick-rules-for-paid-vs-unpaid-time"><strong>Quick Rules for Paid vs Unpaid Time</strong></h3>



<ul class="wp-block-list">
<li><strong>Paid:</strong> Exit security scans lasting 25 minutes, required at work, benefiting the employer.</li>



<li><strong>Unpaid:</strong> Lunch walks and 5-minute one-way security checks that count as de minimis.</li>
</ul>



<h3 class="wp-block-heading" id="h-employer-readability-and-compliance-checklist"><strong>Employer Readability and Compliance Checklist</strong></h3>



<p>✅ Use active policy language <br>✅ Keep sentences short <br>✅ Avoid repeated sentence starts <br>✅ Place clocks near duty points <br>✅ Log scan times accurately <br>✅ Train HR and shift teams <br>✅ Explain security purpose clearly <br>✅ Review de minimis limits <br>✅ Publish leave and duty rules in simple terms</p>



<h3 class="wp-block-heading" id="h-final-summary-for-readers"><strong>Final Summary for Readers</strong></h3>



<p>Workers challenged unpaid duty time. The court approved part of the claim. It rejected small or personal-activity time. The key takeaway is clear: job-linked scans that protect the employer may count as paid work. Personal or very short transitions do not. This case improved clarity for duty-time rules in Nevada warehouses.</p>
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                <title><![CDATA[US DOL Clarifies the Meaning of Compensable Time Under The FLSA]]></title>
                <link>https://www.gordonllp.com/blog/us-dol-clarifies-the-meaning-of-compensable-time-under-the-flsa/</link>
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                <dc:creator><![CDATA[Gordon Law Group]]></dc:creator>
                <pubDate>Thu, 15 May 2008 01:16:26 GMT</pubDate>
                
                    <category><![CDATA[Blog]]></category>
                
                
                    <category><![CDATA[compensable time]]></category>
                
                
                
                <description><![CDATA[<p>On May 15, 2008, the U.S. Department of Labor issued guidance that clarified how companies must pay workers for compensable time under the Fair Labor Standards Act. The update confirmed that companies must count missed meal periods and extra shift reporting time as paid work time. This also impacts overtime calculations. What the DOL Confirms&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>On May 15, 2008, the <a href="https://www.dol.gov/">U.S. Department of Labor</a> issued guidance that clarified how companies must pay workers for compensable time under the Fair Labor Standards Act. The update confirmed that companies must count missed meal periods and extra shift reporting time as paid work time. This also impacts overtime calculations.</p>



<h3 class="wp-block-heading" id="h-what-the-dol-confirms"><strong>What the DOL Confirms</strong></h3>



<p>First, the guidance stresses wage minimums for all compensable hours. It also removes confusion on overtime timing. Importantly, the rules state that management sets work rules. So, management must also stop unpaid work from happening. Simply writing a policy against extra work no longer protects companies from payment duties.</p>



<h3 class="wp-block-heading" id="h-worker-pay-rules-explained-in-active-terms"><strong>Worker Pay Rules Explained in Active Terms</strong></h3>



<p>Employees earn pay when:</p>



<ul class="wp-block-list">
<li>They work during a missed meal break</li>



<li>They report before their shift starts and begin tasks</li>



<li>They stay after their shift ends and keep working duties<br>In these cases, companies must pay at least the state or federal minimum wage. Additionally, they must add time-and-a-half premiums on any hours worked beyond 40 in a week.</li>
</ul>



<h3 class="wp-block-heading" id="h-management-not-workers-carries-the-pay-accuracy-duty"><strong>Management, Not Workers, Carries the Pay Accuracy Duty</strong></h3>



<p>Because companies design schedules, they must also track pay correctly. Moreover, if companies don’t want work to happen, managers must stop it. Cutting pay based on missed meal time or early clock-ins is not allowed. Still, rounding time is allowed, but only when companies avoid underpaying over time. The system must show fair hour balancing.</p>



<h3 class="wp-block-heading" id="h-premium-pay-can-be-separated-from-regular-wage-rates"><strong>Premium Pay Can Be Separated From Regular Wage Rates</strong></h3>



<p>Also, companies sometimes add premium pay after set daily or weekly hours. In these cases, the <a href="/contact-us/">law allows</a> them to exclude premiums from the regular wage rate. However, this premium pay may still count as a <strong>credit toward statutory overtime payments</strong>.</p>



<h3 class="wp-block-heading" id="h-fair-time-rounding-is-still-legal-but-only-when-it-works-fairly"><strong>Fair Time Rounding Is Still Legal – But Only When It Works Fairly</strong></h3>



<p>Companies may log hours to the nearest 5 minutes if they apply rounding fairly. Yet, managers must avoid rounding patterns that reduce pay long-term. For example, repeated rounding that slowly blocks full hour pay is illegal. Still, accurate rounding that balances time both ways remains legal.</p>



<h3 class="wp-block-heading" id="h-who-this-protects-most"><strong>Who This Protects Most</strong></h3>



<p>The clarification matters most for: warehouse staff, shift workers, delivery teams, hourly healthcare staff, and temps who operate under tight company rules.</p>



<h3 class="wp-block-heading" id="h-workers-should-check-their-pay-reality"><strong>Workers Should Check Their Pay Reality</strong></h3>



<p>Ask yourself:</p>



<ul class="wp-block-list">
<li>Did you work through meal breaks?</li>



<li>Do managers score your output?</li>



<li>Do they control your schedule?</li>



<li>Did you work overtime without premiums?<br>If these answers lean yes, you likely earned unpaid compensable time.</li>
</ul>



<h3 class="wp-block-heading" id="h-family-amp-weekly-budget-impact"><strong>Family & Weekly Budget Impact</strong></h3>



<p>When companies fail to pay compensable time, weekly budgets break first. This impacts rent, transport, meals, and school fees. So, reclaiming pay protects home stability, deadlines, and dignity.</p>
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