ACCNJ 13th Annual All-Day CLE Conference

Labor and Employment partner Richard G. Rosenblatt will present at the Association of Corporate Counsel New Jersey's (ACCNJ) annual All-Day CLE Conference.

Preliminary/Postliminary Time in the Wake of Busk v. Integrity Staffing
Track 503 — 2:55–4:10 pm

This session will discuss the US Supreme Court’s recent landmark 9-0 decision in December holding that employees’ time spent waiting for and undergoing security screening after their shifts have ended is not compensable under the Fair Labor Standards Act (FLSA). Although this decision should effectively curb the onslaught of similar claims under the FLSA, some state law issues could remain, and the Court’s ruling is likely to have a broad effect on litigation involving other types of preliminary and postliminary activities.

Topics will include:

• The Busk v. Integrity Staffing decision
• What “integral and indispensable” means
• The effect of Busk on other activities
• Is the activity “work”? The continued requirement of “modest exertion” under the FLSA
• State law differences
• The de minimis defense