Buero v. Amazon.com Services, Inc.

According to the Oregon Supreme Court, “Oregon law aligns with federal law regarding what activities are compensable. Therefore, under Oregon law, as under federal law, time that employees spend on the employer’s premises waiting for and undergoing mandatory security screenings before or after their work shifts is compensable only if the screenings are either (1) an integral and indispensable part of the employees’ principal activities or (2) compensable as a matter of contract, custom, or practice.”

Plaintiff filed a class action arguing that Defendant not compensating employees for mandatory time spent passing through security screenings violated Oregon wage and hour laws. Defendant removed to federal court. The district court granted Defendant’s motion for judgment on the pleadings, and Plaintiff appealed. Because the legal issue involved Oregon law, the Court certified the question to the Oregon Supreme Court. According to the Oregon Supreme Court, “Oregon law aligns with federal law regarding what activities are compensable. Therefore, under Oregon law, as under federal law, time that employees spend on the employer’s premises waiting for and undergoing mandatory security screenings before or after their work shifts is compensable only if the screenings are either (1) an integral and indispensable part of the employees’ principal activities or (2) compensable as a matter of contract, custom, or practice.” The Oregon Supreme Court reasoned because the United States Supreme Court held that similar security screenings were not compensable in Integrity Staffing Solutions, Inc. v. Busk, 574 US 27 (2014), Oregon law also does not require an employer to compensate employees for the security screenings at issue here. Because Plaintiff’s complaint failed to allege either exception, the Court held the district court properly granted Defendant’s motion. AFFIRMED.