Pennsylvania employers are required by state law to pay workers for the time they take to undergo mandatory screening, although this takes a minimal amount of time, despite a U.S. Supreme Court decision, the Pennsylvania Supreme Court held Wednesday in a split decision.
Amazon workers in Pennsylvania sued the company in the 2013 case, according to the 5-2 decision in In re: Amazon.Com Inc. Fulfillment Center Fair Labor Standards Act (FLSA) and pay and hour disputes Neal Heimbach ; Karen Salasky vs. Amazon.com, Inc.; Amazon.Dedc, LLC; Integrity Staffing Solutions.
In December 2014, the United States Supreme Court ruled unanimously in Integrity Staffing Solutions Inc. v. Jesse Busk et al. that the Wilmington, Delaware-based company was not required by the FLSA to compensate workers for the approximately 25 minutes a day they spent undergoing a security investigation to leave warehouses in Las Vegas and Fenley, Nevada.
The Supreme Court ruled that security checks were not a "main activity" that workers were hired to perform.
After a lower federal court ruled the Pennsylvania workers in their case, the 6th U.S. District Court of Appeals in Cincinnati asked the Pennsylvania Supreme Court to consider whether state employers are required to pay their workers for mandatory screening under the Pennsylvania Minimum Wage Act . an employee's right to receive adequate compensation for all the hours they work for, "the majority decision said, adding the state law" must be interpreted in accordance with its own specific conditions.
The ruling also stated that under state law there is no 'de minimis' exception to claims.
A dissenting opinion said, "I do not think the General Assembly would have had such a vision of the necessity of overtime pay.
An Amazon spokesman could not be reached for comment.