Portal to Portal Act Archives

January 31, 2015 by mjpospis

Employer-Mandated Alcohol Counseling is Not “Work” Under the FLSA, Court Holds

What is “work”? In Gibbs v. City of New York (SDNY Jan. 23, 2015), the court held that plaintiffs’ required attendance at alcohol treatment and counseling sessions was not compensable “work” within the meaning of the Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201 et seq. Plaintiffs were identified by their employer (the NYPD) as…

Amazon.com Security Checks Not Compensable Time, Supreme Court Holds

The U.S. Supreme Court held, in Integrity Staffing Solutions, Inc. v. Busk (Dec. 9, 2014, Justice Thomas) that the time spent by Amazon.com warehouse workers undergoing anti-theft security screening before leaving the warehouse each day is not compensable time under the federal Fair Labor Standards Act (FLSA). In sum: [A]n activity is integral and indispensable to the principal activities…

Second Circuit Reverses FMLA Decision Against High School Teacher

In Donnelly v. Greenburgh Central School Dist. (2d Cir. Aug. 10, 2012), plaintiff, a former high school teacher, alleged that his employer unlawfully denied him tenure in retaliation for taking protected leave pursuant to the Family and Medical Leave Act (“FMLA”). Plaintiff received negative reviews and was denied tenure shortly after he took medical leave…