In a case of first impression, the Pennsylvania Supreme Court has ruled that employers must pay workers for time spent going through mandatory security screenings after their shifts. Importantly, the case, In re Amazon.com Inc. Fulfillment Ctr. FLSA Litig., No. 43 EAP 2019 (2021), highlights the perspective of the highest court in Pennsylvania that the Pennsylvania Minimum Wage Act (PMWA) provides broader protections to workers than the federal Fair Labor Standards Act (FLSA) in some respects.

Background

In the case, workers at the company’s Breinigsville, Pennsylvania fulfillment center alleged that they spent an average of four to eight minutes per shift going through security screenings at the end of their shifts. The workers alleged that because they were not compensated for this time, the company violated the FLSA and various state laws. Ultimately, the US Circuit Court of Appeals for the Sixth Circuit, which was hearing several consolidated, multi-district cases, certified a question to the Pennsylvania Supreme Court to opine on whether the security checks were compensable for the Pennsylvania workers.

The Pennsylvania Supreme Court answered in the affirmative. In a 5-2 decision, the Court reasoned that although the PMWA borrows many principles from the FLSA, it was intentionally drafted to provide greater protections than the federal minimum. Specifically, the PMWA does not recognize a de minimis exception to hours worked as under the FLSA, which does not require compensable time for similar security screenings. Instead, because the PMWA defines “hours worked” as any “time during which a worker is required to be on an employer's premises,” the few minutes the workers spent each day waiting for and undergoing security checks were compensable. Further, the Court reasoned that the workers did not have to be actively engaged in duties or tasks related to their jobs for their time to constitute hours worked, and hours worked is compensable time.

Takeaways

Not only does the case resolve an unsettled area of the law under the PMWA, the Court’s ruling provides several key takeaways for employers:

1. The ruling is part of a trend throughout the country of courts providing a greater scope of compensable time under state wage laws beyond what is required under the FLSA. As a result, the decision is a strong reminder that employers must consider both federal and state wage laws when crafting their policies.

2. To this end, Pennsylvania employers should re-examine their policies to ensure that they are compensating their employees for all hours worked, including for time spent in security screenings. Although this case involved mandatory, post-work screenings, the Court’s rationale may extend to other activities or time employees are required to be at the workplace.

3. Given the expansive, pro-employee protections recognized under the PMWA, employers may consider reviewing other policies that could be similar to screening checks. Further clarification from the Pennsylvania Supreme Court may be on the horizon, but for now, employers should review and assess accordingly.