Employees’ pockets picked while being frisked? — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

Employees’ pockets picked while being frisked?

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Employees at Century 21 Department Stores in New York City and Long Island undergo searches every time they leave the store for breaks and at the end of the day. They say the process—designed to prevent employee theft—sometimes takes 15 minutes or longer.

The problem: Century 21 makes them clock out first. Employees say that violates the Fair Labor Standards Act (FLSA).

Now they’re suing to be paid when searched.

Note: The court will no doubt look closely at the details surrounding the employee searches to determine whether employees should be compensated for this time. If you ask employees to perform tasks off-the-clock, consult your attorney to make sure the practice meets the FLSA standards.

In a recent case addressing pay for time spent getting into and out of protective gear, the U.S. Supreme Court ruled that employees should be compensated, unless the “donning and doffing” took only a de minimis amount of time.

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