Are Mandatory Security Screenings Compensable Under PA Law?

By Ryan Allen Hancock

The Pennsylvania Supreme Court soon will decide whether mandatory screenings before or after a work shift are compensable under Pennsylvania law, in a case called Heimbach v. Amazon.com, Inc. and Integrity Staffing Solutions, Inc.

Under the federal Fair Labor Standards Act (FLSA), security screenings have been determined to not be compensable under the de minimis doctrine. See 29 C.F.R. § 785.4. However, the Pennsylvania Supreme Court will decide whether the Pennsylvania Minimum Wage Act provides more protections than federal law.

The employee/plaintiff in Heimbach has urged the court to hold that, under the Pennsylvania Minimum Wage Act, any time an employer requires an employee to be on the employer’s premises for pre- and post-shift work activities which are not for the employee’s convenience, the employee must be paid. If the court agrees, then employees who are subject to such employer requirements but who are not currently being compensated may have a legal claim for unpaid wages.

Such potential claims could include activities such as:

Loss prevention screening;
Initial and secondary security screening;
COVID-19 medical screening; and
Donning and doffing of work attire or safety equipment.

If the plaintiff’s arguments are successful, Pennsylvania will join California, Nevada, and Arizona in holding that security screenings are compensable “hours worked” under their state law. See Frlekin v. Apple Inc., No. S243805, 2020 WL 727813, at **6 n.4, 11 (Cal. Feb. 13, 2020); Busk v. Integrity Staffing Sols., 905 F.3d 387, 397-405 (6th Cir. 2018), cert. denied sub nom. Integrity Staffing Sols., Inc. v. Busk, 140 S. Ct. 112 (2019).

If you are an employee or former employee who has been subject to unpaid security screenings or similar pre- and post-shift requirements, and you are interested in discussing a potential case for unpaid wages, please contact Ryan Allen Hancock at rhancock@wwdlaw.com or 215.656.3679.

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