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

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. [124 EM 2019] - 2