Heimbach v. Amazon, Pet of: USCA, Sixth Circuit

• Court: Supreme Court of Pennsylvania
• Decided: December 27, 2019
• Docket: 124 EM 2019
• Status: Published

Opinion

IN THE SUPREME COURT OF PENNSYLVANIA EASTERN DISTRICT

IN RE: AMAZON.COM, INC., : No. 124 EM 2019 FULFILLMENT CENTER FAIR LABOR : STANDARDS ACT (FLSA) AND WAGE : AND HOUR LITIGATION : : __________________________ : : NEAL HEIMBACH; KAREN SALASKY : : v. : : AMAZON.COM, INC.; : AMAZON.COM.DEDC, LLC; INTEGRITY : STAFFING SOLUTIONS, INC. : : PETITION OF: UNITED STATES COURT : OF APPEALS FOR THE SIXTH CIRCUIT :

ORDER

PER CURIAM

AND NOW, this 27th day of December, 2019, the Petition for Certification of

Question of Law is GRANTED. The Court shall consider the following issues:

(1) Is time spent on an employer’s premises waiting to undergo and undergoing mandatory security screening compensable as “hours worked” within the meaning of the Pennsylvania Minimum Wage Act, 43 P.S. §§333.101 - 333.115?

(2) Does the doctrine of de minimis non curat lex, as described in Anderson v. Mt. Clemens Pottery Co., 328 U.S. 680 (1946) and Sandifer v. U.S. Steel Corp., 571 U.S. 220 (2014), apply to bar claims brought under the Pennsylvania Minimum Wage Act, 43 P.S. §§333.101 - 333.115? Neal Heimbach and Karen Salasky are DESIGNATED as Appellants.

Amazon.com, Inc., Amazon.com, Amazon.com.DEDC, LLC., and Integrity Staffing

Solutions, Inc., are DESIGNATED as Appellees.

The Prothonotary is DIRECTED to establish a briefing schedule and list this case

for oral argument.

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