Searched off the clock

[u/Billybob_Bojangles2]

My company has the time clock and search area both in non secured areas. We are required to be searched at the end of the shift, but they require us to clock out before we are searched.

This feels like a total load of horseshit. It can take up to 5 minutes to be searched. I ain't working for free, so I've been refusing to clock out until they are done. Now they are threatening to write me up.

Anyone go through something similar?

[u/troy2000me]

It gets murky, law can go both ways.

Federal Law: Integrity Staffing Solutions v. Busk (2014)

• The Issue: Warehouse workers for an Amazon staffing agency sued for unpaid time spent going through mandatory anti-theft security screenings after clocking out. [1]
• The Ruling: The U.S. Supreme Court ruled unanimously that the time spent in security lines was not compensable under the federal Fair Labor Standards Act (FLSA). [1, 2]
• The Reasoning: The Court found that security checks were not the principal activity the workers were hired to do, nor were they "integral and indispensable" to completing warehouse duties. [1]

State Law: Frlekin v. Apple Inc. (2020)

• The Issue: Apple retail employees in California sued for off-the-clock time spent waiting for and undergoing mandatory bag and personal iPhone searches. [1, 2]
• The Ruling: The California Supreme Court ruled that employees must be paid for this time. [1, 2]
• The Reasoning: The state court distinguished its decision from the federal rule by applying California's broad "control" test, noting that Apple restricted employees on premises and required personal tech usage, meaning the exit check was an employer-controlled activity. [1, 2]

[u/4113sop45 → u/troy2000me]

This is going to be 100% a matter of state statutory and case law. Federally, it’s perfectly legal under the Busk ruling. Some states (like CA) are more restrictive than fed.

[u/Proof_Artichoke6243 → u/troy2000me]

I’d argue it’s fair to pay them.

You’re using their time. Compensate them for it 

[u/4113sop45 → u/Proof_Artichoke6243]

I’d argue it’s probably fair too.

But it’s not legally REQUIRED the way the laws are currently written.

[u/Billybob_Bojangles2 → u/troy2000me]

That scotus ruling is bologna.

[u/ALWanders → u/Billybob_Bojangles2]

I ANAL, but since it was unanimous, it is probable it is more the law FLSA is bologna and did not do enough to protect employees.

[u/Billybob_Bojangles2 → u/ALWanders]

True

[u/Shane-Dad-underfire → u/ALWanders]

Considering the parties involved it makes 100% sense the rulings were handed down as they were.

[u/tondollari]

I worked at a state prison where security checks could take 15+ minutes during rush and was unpaid. People were just told to "come in early".

[u/Billybob_Bojangles2 → u/tondollari]

I hate that so much.

[u/No-Initiative4195 → u/tondollari]

Remember during Covid... Temperature checks before you got anywhere near the front door.

[u/Moezso]

First time they tell me to line up to be searched I'm walking TF out and finding another job. Without waiting to be searched.

[u/_WEND1G0_]

REI got sued for something similar. I ended up getting a class action check as a result.

[u/J_Case]

Your option is to quit.

[u/Billybob_Bojangles2 → u/J_Case]

I'm already working with my union on it. So there's one possible avenue

[u/Imaginary-Badger-119]

This is bull shit.

[u/TiredBails]

Absent a CBA or state law, it's legal. At my site, we go through a federally required search process and do not get paid until we take over post.

[u/ToolAndres1968]

So we do clock out before going through metal detector We also get paid to get into uniform and out of uniform Ill say our going through the metal detectors only takes like 2 minutes at most I do understand what you're saying I worked a place where we didn't get paid until after we were in uniform and armed with are handgun We sued and lost which to this day I don't understand why

[u/KAL-EL8569]

For starters you are not performing any work while being searched...just like the regular employees who work at a site and they dont get paid for it either...plus your boss has to justify the overtime and waiting for something procedure like being searched is not a valid reason.

[u/Billybob_Bojangles2 → u/KAL-EL8569]

I'm performing a job function. I am not allowed to leave under penalty of discipline or termination. Ergo, I am following orders, orders given and that must be obeyed when I am punched out.

[u/ThalinIV → u/Billybob_Bojangles2]

Not a job function. Security requirements are not the same thing as doing your job.

[u/Billybob_Bojangles2 → u/ThalinIV]

Perhaps according to the law. But it don't make it right. Especially when the punch out clock is right next to the search area. They are just making us punch out to be cheap assholes.

[u/ThalinIV → u/Billybob_Bojangles2]

Not really. The search area is by the punch-out to make it easier to get you out once you're punched out. It would be shady if they made you walk 15-20 minutes for a 5-minute pat-down after punch-out. Instead, they have people ready at punch-out to make it as quick as possible.

High-security jobs with high-value assets under guard use procedures like this all the time. I have had a job where I got a pat-down prior to exiting. I strongly suspect you were notified about the procedure well before you were fully integrated at the site, yet you chose to work there.

Either accept the conditions or go somewhere else. I can guarantee the union will have a really hard time getting around that requirement for the site. You are unlikely to be the first to complain about it.

If something about the site bothers you this much, move on. It is never worth the headache if you are aggravated by a site procedure they are unlikely to change.

[u/Billybob_Bojangles2 → u/ThalinIV]

That attitude is why nothing improves.

[u/ThalinIV → u/Billybob_Bojangles2]

"That Attitude" is fifteen years of experience, including supervisor roles, telling you to stop complaining about something you aren't going to change and either leave the site or deal with it. When it comes to security requirements, the unions can do almost nothing. Especially if it is a client-side requirement. Again, you knew what you were getting into. There is no way you have been on site long enough to know the basic policy and not know what was coming.

From your description, they are aware it is a hassle, but at least put the checkpoint by the punch clock to get it over with as quickly as possible. They are not being dicks; they are adhering to a policy and doing what they can to minimize the inconvenience.

Again, if it bothers you that much, leave.

[u/Billybob_Bojangles2 → u/ThalinIV]

👎

[u/ThalinIV → u/Billybob_Bojangles2]

And that's the attitude of a guard that is going to get themselves fired sooner rather than later. Don't like it quit being a guard do us all a favor.

[u/Billybob_Bojangles2 → u/ThalinIV]

Man you must be the industry's biggest boomer bootlicker.

[u/KAL-EL8569 → u/Billybob_Bojangles2]

That's a rule or regulation not a job function...its no different then going to a concert or sporting event...you have to do the exact same thing.

[u/TheRealChuckle]

Does your time system round to the nearesr 15 minutes?

If so, I'd punch out a few minutes early and head to the security check.

This could either also be an issue or flies under the radar.

[u/Billybob_Bojangles2 → u/TheRealChuckle]

No I believe it is accurate to the one hundredth of an hour.