Skip to main content
  • Personal
  • Business
    Close
  • Select Region

      Select your region below to see curated info.

    • Global
    • India
    • MENA
  • Welcome, {{name}}
    Non-Member
    {{membership}} Membership Ends {{expiration_date}}
    MySHRM Dashboard
    • Sign In
    • accountSettings Account Settings
    • customerSupport Customer Support
    • Sign Out Sign Out
    HR is Evolving Fast!

    That’s why 340,000 HR pros and 95% of the Fortune 500 turn to SHRM for expert-backed guidance, tools, and trusted answers.

    Become a Member
    • accountSettings Account Settings
    • memberSupport Member Support
    • Sign Out Sign Out
    SHRM26 Annual Conference

    At SHRM26 join the global HR community that comes together not just to keep up — but to grow, connect, and move forward together. Register Today

SHRM
  • Membership
    • Membership

      As a SHRM Member®, you’ll pave the path of your success with invaluable resources, world-class educational opportunities and premier events.

      Membership Benefits
  • Certification
    • SHRM Certification

      Demonstrate your ability to apply HR principles to real-life situations.

      • How to Get Certified
      • Eligibility Criteria
      • Exam Fees & Options
      • SHRM-CP
      • SHRM-SCP
      • Which Certification is Best for Me?
      Prepare for the Exam
      • Exam Preparation
      • SHRM BASK
      • SHRM Learning System
      • Instructor-Led Learning
      • Self-Study
      Specialty Credentials

      Demonstrate targeted competence and enhance your HR credibility.

      PMQ

      Gain a deeper understanding and develop critical skills.

  • Events
    • India Events

      Demonstrate your ability to apply HR principles to real-life situations.

      • India Annual Conference
      • SHRM Tech Conference
      • SHRM Unconference
      MENA Events
      • MENA Annual Conference
      Global Events
      • US Annual Conference
      Webinars
  • Resources
    • Resources

      Stay up to date with news and leverage our vast library of resources.

      • HR Research
      • Latest News & Trends
      • Tools & Guides
      HR Topics
      • AI in the Workplace
      • Total Rewards
      • Inclusion & Diversity
      • Recruiting
      • HR Technology
      • Civility at Work
      • Workplace Violence Prevention
Become a Member
Renew
Rejoin Now
Renew
Close
  • Personal
  • Business
  • Membership
    back
    Membership
    • Membership

      As a SHRM Member®, you’ll pave the path of your success with invaluable resources, world-class educational opportunities and premier events.

      Membership Benefits
  • Certification
    back
    Certification
    • SHRM Certification

      Demonstrate your ability to apply HR principles to real-life situations.

      • How to Get Certified
      • Eligibility Criteria
      • Exam Fees & Options
      • SHRM-CP
      • SHRM-SCP
      • Which Certification is Best for Me?
      Prepare for the Exam
      • Exam Preparation
      • SHRM BASK
      • SHRM Learning System
      • Instructor-Led Learning
      • Self-Study
      Specialty Credentials

      Demonstrate targeted competence and enhance your HR credibility.

      PMQ

      Gain a deeper understanding and develop critical skills.

  • Events
    back
    Events
    • India Events

      Demonstrate your ability to apply HR principles to real-life situations.

      • India Annual Conference
      • SHRM Tech Conference
      • SHRM Unconference
      MENA Events
      • MENA Annual Conference
      Global Events
      • US Annual Conference
      Webinars
  • Resources
    back
    Resources
    • Resources

      Stay up to date with news and leverage our vast library of resources.

      • HR Research
      • Latest News & Trends
      • Tools & Guides
      HR Topics
      • AI in the Workplace
      • Total Rewards
      • Inclusion & Diversity
      • Recruiting
      • HR Technology
      • Civility at Work
      • Workplace Violence Prevention
Become a Member
Renew
Rejoin Now
Renew
  • Select Region

      Select your region below to see curated info.

    • Global
    • India
    • MENA
SHRM
mySHRM Login
  • MySHRM
    • Dashboard
    • Account
    • Logout
Close

  1. Employment Law & Compliance
  2. Amazon Didn't Have to Pay Oregon Workers for Security Screenings
Share
  • Linked In
  • Facebook
  • Twitter
  • Email

Lorem ipsum dolor sit amet, consectetur adipiscing elit. Vivamus convallis sem tellus, vitae egestas felis vestibule ut.


Error message details.

Copy button
Reuse Permissions

Request permission to republish or redistribute SHRM content and materials.


Learn More
News

Amazon Didn't Have to Pay Oregon Workers for Security Screenings

March 21, 2023 | Allen Smith, J.D.



​Amazon employees in Oregon were not entitled to compensation for required security screenings, the 9th U.S. Circuit Court of Appeals recently decided.

"I've seen cases going both ways" on whether security screenings are compensable, said Steven Suflas, an attorney with Holland & Hart in Salt Lake City. There are dozens of cases pending on security screenings, he said.

Phillip Ray, an attorney with Kluger Healey in Lincroft, N.J., said HR professionals in states with wage and hour laws that have a similar compensability test as the Fair Labor Standards Act (FLSA) don't need to compensate employees for security screenings.

Dan Altchek, an attorney with Saul Ewing in Baltimore, said many states do not follow the standards of the federal Portal-to-Portal Act—an FLSA amendment that excluded certain activities from compensable work time under the law—when interpreting their own wage and hour laws.

Case Originated in Oregon

In a class action, the plaintiff maintained that Amazon unlawfully failed to compensate employees for time waiting for and passing through mandatory screenings before and after work shifts and off-premises meal breaks. The plaintiff worked in a warehouse in Troutdale, Ore.

Here's how the screenings worked at the end of the employees' work shifts, according to an Oregon Supreme Court decision—included in the appendix of the 9th Circuit's decision—on the plaintiff's claims. When employees left the secured area of the warehouse where merchandise was located, they would clock out and undergo a security screening used to prevent theft.

There were nine screening lanes. If an employee had not brought any metal items or bags into the secured area at the start of their shift, the worker could leave using one of five express lanes in which the employee would simply walk through a metal detector.

If an employee had brought metal items but no bags into the secured area, the employee could use one of two disbursement lanes, in which they would walk through a metal detector and slide their metal items down sloped ramps next to the detector. If an employee had brought a bag into the secured area, the worker had to use one of two lanes, in which they would walk through a metal detector and put their bag on a conveyor belt for X-ray screening.

When an employee set off a metal detector in any of the lanes, a security guard with a handheld metal detector would check the employee for merchandise.

The company required employees to undergo security screening if they chose to leave the premises during meal periods and chose to take belongings with them, the 9th Circuit noted.

The Oregon Supreme Court ruled for the company after the 9th Circuit initially sent the case to the state supreme court.

Citing the Oregon Supreme Court holding, the 9th Circuit said that Oregon law matched federal law on whether security screenings are compensable. Time 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 9th Circuit said, again relying on the Oregon Supreme Court's holding.

The plaintiff's complaint did not allege that either of the exceptions applied, the 9th Circuit noted.

"Although the Oregon Supreme Court's opinion did not address separately or directly [the] plaintiff's meal-period claim, the logic of that opinion yields the same result," the 9th Circuit stated in its per curiam decision.

U.S. Supreme Court Precedent

The Oregon Supreme Court noted that in a separate case, the U.S. Supreme Court ruled in 2014 that warehouse workers were not entitled to compensation under the FLSA for time spent going through security checks after their shifts ended.

By contrast, in another case, the U.S. Supreme Court ruled that changing clothes and showering were an integral and indispensable part of the principal activities of battery plant employees whose job duties required extensive use of dangerously caustic and toxic materials.

In yet another decision, the U.S. Supreme Court held that putting on (that is, donning) and taking off (that is, doffing) unique personal protective equipment constituted preliminary and postliminary activities that were integral to the employees' principal activities. As a result, the U.S. Supreme Court held that the compensable workday under the FLSA included the time that covered employees spent walking from changing areas where they donned their personal protective gear to the production area. The compensable workday also included the time workers spent walking back to the changing areas at the end of a shift before they doffed their personal protective gear.

"We recognize that [the] plaintiff's situation—not receiving compensation for the time she was required to be on her employer's premises for the employer's benefit—certainly raises a policy question whether all employees should be compensated for time spent in mandatory security screenings like those at issue in this case," the Oregon Supreme Court stated in the case involving Amazon. The state supreme court said the plaintiff may raise the issue before the state legislature, which might choose to depart from federal law and adopt its own standard for compensable time, consistent with any limits imposed by state and federal law.

Lessons for Employers

HR should be able to articulate a need for security screenings, Suflas noted. If shrinkage is large, the screenings clearly are for the employers' benefit.

Another consideration is the continuing labor shortage. "In today's environment in which employers are facing a daily war for talent, employers might also evaluate how not paying employees for these types of activities will impact their ability to recruit and retain employees," said Joe Beachboard, an attorney with Beachboard Consulting Group in Los Angeles. 

Compliance
Privacy & Security Compliance
Risk Management

Was this resource helpful?

Leave Feedback

SHRM-CP Promo Image
Validate your HR expertise

Earning your SHRM-CP credential makes you a recognized expert and leader in the HR field.

Get Certified


Related Content

(opens in a new tab)
News
Leveraging Mobile Technologies to Engage a Distributed Workforce

Transform HR with mobile technology to streamline workflows, enhance communication, and boost employee engagement across distributed teams.

Two young colleagues working together at modern office
(opens in a new tab)
News
Performance-Based Assessments Beat Knowledge Tests in Evaluating Employee Learning

A new study found that talent development practitioners believe performance-based assessments are more effective at measuring employee learning outcomes than knowledge tests.

(opens in a new tab)
News
How AI Is Redesigning, Not Replacing, HR and Other Jobs

As AI makes deeper inroads into organizations, employee concerns about the technology continue to grow. Here's how HR leaders can address the fear of AI among their own staff, as well as in the wider organization.

Workplace Compliance Newsletter

Keep abreast of employment law and compliance developments and their wide-reaching impacts.

Success title

Success caption

Manage Subscriptions
Our Brands

SHRM Executive Network Logo
SHRM Business Logo
SHRM Linkage Logo
SHRM Labs
Overview


  • About SHRM
  • SHRM India Advisory Council
  • Careers at SHRM
  • Press Room
  • Contact SHRM India
  • Book a SHRM Executive Speaker
  • Ask an Advisor
  • SHRM Newsletter
  • Post a Job
  • Find an HR Job
  • Advertise with us
  • Copyright & Permission
Contact Us


Email: shrmindia@shrm.org
Phone: (1)800.103.2198
WhatsApp: +919810503727

SHRM India Corporate Information

© 2026 SHRM. All Rights Reserved
SHRM provides content as a service to its readers and members. It does not offer legal advice, and cannot guarantee the accuracy or suitability of its content for a particular purpose. Disclaimer

Follow Us

  • LinkedIn
  • Facebook
  • Twitter
  • Instagram
  • YouTube

  1. Your Privacy Choices

  2. Terms of Use

  3. Accessibility

Join SHRM for Exclusive Access to Professional Content

SHRM Members enjoy unlimited access to articles and exclusive professional content resources.

membership icon image

Unlimited Resources:
Grow your knowledge across core and emerging topics

membership icon image

Access to Advisors:
Make informed decisions quickly with expert-backed direction

membership icon image

Industry-Trusted Research:
Use data and insights leaders actually care about

 

View Member Benefits Guide

Already a member? Login
Free Article

Login to unlock unlimited access or join SHRM today to get unlimited access to articles and member-exclusive resources.

Already a member? Login
Limit Reached

You've reached the limit of 1 free article this month. Join to access unlimited articles and member-only resources.

Already a member? Login
Free Article

Login to unlock unlimited access or join SHRM today to get unlimited access to articles and member-exclusive resources.

Already a member? Login
Exclusive Executive-Level Content

You've reached the limit of 1 free article this month. Join the Executive Network and enjoy unlimited content.

Already a member? Login
Unlock Your Career with SHRM Membership

Please enjoy this free resource! Join SHRM for unlimited access to exclusive articles and tools.

Already a member? Login
Join SHRM for Exclusive Access to Professional Premium Content

SHRM Members enjoy unlimited access to articles and exclusive member resources.

Already a member? Login
Join SHRM for Exclusive Access to Student Content

SHRM Members enjoy unlimited access to articles and exclusive member resources.

Already a member? Login
Join SHRM for Exclusive Access to Executive Network Content

SHRM member enjoys unlimited access to articles and exclusive member resources.

Already a member? Login

Your membership is almost expired! Renew today for unlimited access to member content.

Renew now

Your membership has expired. Renew today for unlimited access to member content.

Renew Now

Your Executive Network membership is nearing its expiration. Renew now to maintain access.

Renew Now

Your membership has expired. Renew your Executive Network benefits today.

Renew Now