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Supreme Court Ruling on Security Screens Doesn't Affect Donning/Doffing, Justice Says

12.15.14

Howard Mavity was quoted in Bloomberg BNA on December 15, 2014. The article “Supreme Court Ruling on Security Screens Doesn’t Affect Donning/Doffing, Justice Says” discussed how although the U.S. Supreme Court has ruled that workers aren't entitled to compensation for time spent going through security screens when leaving the workplace, that conclusion doesn't apply to workers putting on protective equipment.

Howard was quoted on his take of Justice Sonia Sotomayor’s stance that the recent ruling doesn’t apply to workers donning protective equipment.

Howard agreed that Sotomayor's concurrence was intended to stake out a position on worker safety without disagreeing with the opinion.

Although courts have always been receptive to the idea that time spent donning and doffing protective gear is compensable, the definition of what qualifies as “integral and indispensable” has grown murkier over the years, Howard said.

“Safety has been treated uniquely, and rightly so,” he said.

He also said he was surprised that the decision was unanimous.

“It shows that the Ninth Circuit really overreached,” Howard told Bloomberg BNA Dec. 15.

To read the full article, please visit Bloomberg BNA.

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