GFOA Joins Amicus Brief on Fair Labor Standards Act

Wednesday, June 11, 2014

The GFOA will join with other local government associations on a brief prepared by the State and Local Legal Center in a matter related to the interpretation of the Fair Labor Standards Act. In the case of Integrity Staffing Solutions v. Busk, the Supreme Court will decide whether to uphold a Ninth Circuit Court of Appeals ruling that hourly employees must be paid for time spent in security screenings under the FLSA. The State and Local Legal Center’s amicus brief argues that the Ninth Circuit erred in reaching this decision by applying a more expansive reading of the FLSA than is appropriate, and requests that the Supreme Court reverse on this appeal. Local government employees who work in courthouses, correctional institutions, and warehouses routinely go through security screenings at the beginning and/or end of each workday. The brief warns that if the Ninth Circuit’s decision is not reversed, the court’s more expansive reading could permit employees to argue that commuting to and from work is compensable time. Finally, the brief points out that employer state and local governments can ill-afford the higher payroll costs that will likely ensue should the decision stand.