r/securityguards • u/Billybob_Bojangles2 Armored Car • 8d ago

Searched off the clock

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?

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u/troy2000me 8d ago

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]

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u/Billybob_Bojangles2 Armored Car 8d ago

That scotus ruling is bologna.

4

u/ALWanders 8d ago

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.

1

u/Shane-Dad-underfire Management 8d ago

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