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News | Nov 11, 2018

Recent Development: Amazon Warehouse Workers Ask Sixth Circuit to Certify Question of Portal-to-Portal Act’s Applicability to the Pennsylvania Minimum Wage Act

Our firm continues to pursue the Pennsylvania wage rights of Amazon warehouse workers who were not compensated for time associated with security screenings that the workers are subjected to before leaving the warehouse at the end of their shift.  As many of our readers know, in Integrity Staffing Solutions, Inc. v. Busk,  the U.S. Supreme Court held that such time is non-compensable under the federal FLSA due to the Portal-to-Portal Act.  However, we are currently handling an appeal before the Sixth Circuit Court of Appeals in which the workers allege that such time is compensable under the Pennsylvania Minimum Wage Act (“PMWA”) because the state law — unlike the FLSA — does not incorporate the Portal-to-Portal Act.  In this regard, we recently filed a motion asking the Sixth Circuit to certify this question to the Pennsylvania Supreme Court.  A copy of the motion can be found HERE.

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