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Busk v. Integrity Staffing Solutions, Inc.

United States Court of Appeals, Ninth Circuit

July 7, 2015

JESSE BUSK; LAURIE CASTRO, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants,
v.
INTEGRITY STAFFING SOLUTIONS, INC., Defendant-Appellee

On Remand from the United States Supreme Court. D.C. No. 2:10-cv-01854-RLH-RJJ.

For Jesse Busk, LAURIE CASTRO, on behalf of themselves and all others similarly situated, Plaintiffs - Appellants: Mark Russell Thierman, Attorney, Thierman Buck, LLP, Reno, NV; Joshua D. Buck, Thierman Law Firm, Reno, NV.

For Integrity Staffing Solutions, Inc., Defendant - Appellee: Roger L. Grandgenett II, Attorney, Peter D. Navarro, Attorney, Rick D. Roskelley, Esquire, Attorney, Littler Mendelson, PC, Las Vegas, NV.

For Retail Litigation, Amicus Curiae: Kenneth D. Sulzer, Attorney, Proskauer Rose LLP, Los Angeles, CA.

Before: Sidney R. Thomas, Chief Judge and Jerome Farris and N. Randy Smith, Circuit Judges.

Page 1033

ORDER

On Remand from the United States Supreme Court

Pursuant to the Opinion of the Supreme Court in Integrity Staffing Solutions, Inc. v. Busk, 574 U.S., 135 S.Ct. 513, 190 L.Ed.2d 410 (2014), the judgment of the district court dismissing Plaintiffs' claims that they were entitled to compensation for time spent passing through security screening at the end of the work day under the Fair Labor Standards Act of 1938, 29 U.S.C. § 201 et seq., as amended by the Portal -to-Portal Act of 1947, § 251 et seq., and under parallel state law, is AFFIRMED. Costs are awarded to Defendant in the amount of $1,077.25.


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