On March 31, 2026, a New York federal trial court dismissed claims brought under the New York Labor Law (“NYLL”) by Amazon warehouse employees who alleged they were not paid for time spent completing mandatory pre-shift and post-shift screening activities, such as badge swipes, temperature checks, and security screenings. Bettis v. Amazon.com Services LLC. The court held that the NYLL does not require compensation for activities that are “preliminary” (before the main work begins) or “postliminary” (after the main work ends) to an employee’s principal job duties. The decision comes in the wake of the Connecticut Supreme Court’s ruling in Del Rio v. Amazon.com Services Inc., which held that in Connecticut, employers must pay employees for mandatory post-shift security screening time.
For New York businesses that require employees to undergo security screenings or other pre- and post-shift activities, such as construction companies and those who operate warehouses, this ruling may come as welcome news. However, employers should note that this decision is not binding on other courts and may be appealed. Employers should stay current with the evolving wage and hour laws in each jurisdiction where they operate.
The Case: Amazon’s Start-of-Shift and End-of-Shift Screening Activities
In Bettis, a United States District Court for the Eastern District of New York (which covers Brooklyn, Queens, Staten Island, and Long Island) held that Amazon warehouse employees are not entitled to compensation under the NYLL for time spent completing certain required pre-shift and post-shift procedures. These procedures included swiping employee badges and, during the COVID-19 pandemic, undergoing temperature screenings before entering the warehouse; and passing through security screening, including metal detectors and turnstiles, before exiting the warehouse.
The case was brought by former Amazon warehouse employees who sought recovery of unpaid overtime and minimum wages under the NYLL for time spent completing these pre-shift and post-shift activities. The plaintiffs alleged that before each shift, Amazon required them to swipe or show identification badges to security and, during the COVID-19 pandemic, wait in line and undergo temperature screenings before entering the warehouse. They could not clock in until after completing those procedures and entering the facility. At the end of the workday, the plaintiffs alleged Amazon required them to clock out before proceeding through exit screening procedures, which included waiting in line, passing through metal detectors and turnstiles, and swiping their identification badges. According to the plaintiffs, these activities generally took between five and ten minutes on either end of the shift, although wait times allegedly increased during the pandemic.
The court addressed the plaintiffs’ overtime pay and minimum wage claims. The court noted that the NYLL closely tracks its federal counterpart, the Fair Labor Standards Act (“FLSA”), as amended by the Portal-to-Portal Act. Under the Portal-to-Portal Act, activities occurring before or after an employee’s regular shift are compensable only if they are “integral and indispensable” to the employee’s principal activities, or in other words, an intrinsic part of the work the employee is hired to perform. See 29 U.S.C. § 254(a)(2).
With the federal backdrop in mind, the court held that the challenged pre-shift and post-shift activities are not compensable and dismissed the plaintiffs’ overtime claims. The court reasoned that the screening procedures were not an “intrinsic element” of the plaintiffs’ principal duties as warehouse workers, which centered on packaging and sorting customer orders. In other words, the screenings were not essential to performing the job itself. The court also rejected the argument that screenings became compensable simply because Amazon required them, making clear that an employer mandate alone does not transform an otherwise incidental activity into principal work. The court distinguished the Connecticut case, Del Rio, on grounds that New York law expressly incorporates the FLSA’s exemptions and New York courts already apply that federal framework to NYLL claims.
What This Means for New York Employers
The Bettis decision provides favorable authority for New York employers—including construction companies, warehouses, and manufacturing facilities—that require employees to engage in pre- and post-shift activities that are not “integral and indispensable” to their principal work. Bettis suggests that, under the NYLL, employers may not need to compensate employees for such activities.
However, employers should not read Bettis too broadly. This is a federal district court decision, so it does not have binding authority on other trial courts in New York. With the Del Rio decision from Connecticut still looming in the background, other courts may reach different conclusions on the same issue. The plaintiffs have also moved to vacate the judgment, and we expect that if the judgment stands, plaintiffs may appeal the decision to the Second Circuit Court of Appeals, which will provide more clarity.
While this area of law continues to evolve, employers should evaluate whether they require employees to perform any pre-shift or post-shift tasks, and if so, whether each task is directly tied to the work each employee is hired to perform. The standard is whether the task is “integral and indispensable” to the employee’s principal activities. This analysis will look different for different positions. For example, what is integral to your office workers’ principal duties may differ from what is integral to your warehouse or construction site employees.
Conclusion
The Bettis decision is an important reminder that, in New York, claims for unpaid wages based on pre-shift and post-shift activities will likely be analyzed through the federal FLSA framework. For New York employers, Bettis provides authority (for now) that such time is not compensable when it is merely preliminary or postliminary to the employees’ actual job duties and not “integral and indispensable” to their principal activities. This decision may be particularly helpful for employers operating warehouses, fulfillment centers, construction sites, and similar facilities with routine security or other pre- and post-shift procedures.
Hinckley Allen’s Labor & Employment Group is tracking this evolving area of the law. We can assist your business in reviewing your pre- and post- shift tasks and deciding on compensation practices that are right for your company. We are also experienced in defending against claims under New York Labor Law and federal wage laws. If you have questions about how this decision affects your operations, or concerns about past practices, contact us today.
