In a recent decision, the Ninth Circuit affirmed a District of Oregon ruling for Amazon.com, Inc., stating that the plaintiff failed to allege that undergoing mandatory security screenings was “an integral and indispensable part” of her principal activities. Buero v. Amazon.com Services, Inc., 2023 WL 2443096 (9th Cir. 2023).
In the underlying case, Plaintiff Lindsey Buero filed a class action lawsuit against Amazon.com Services, Inc. and Amazon.com, Inc., alleging that employees were not compensated for time spent undergoing mandatory security screenings. Plaintiff alleged that because employees were not paid for time spent undergoing these screenings, which occurred before and after work shifts and employee breaks, the defendants’ practices violated Oregon’s wage and hour laws. The district court granted judgment on the pleadings to the defendants, however, and the plaintiff subsequently appealed the court’s decision to the Ninth Circuit. After concluding that Oregon had not yet definitively determined whether time spent undergoing mandatory security screenings is compensable, the Ninth Circuit certified the issue to the Oregon Supreme Court.
In response, the state supreme court held that the relevant Oregon state statutes mirror their federal counterparts. Given that conclusion, the court stated, a determination of whether time spent in an activity is compensable under Oregon’s statutes may be reached by looking at whether that time would be compensable under the...
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