Skip to main content

Buero v. Services (9th Cir. 20-35633 12/22/21) Oregon Wage & Hour Laws 

By December 22, 2021January 10th, 2022Class Actions, Wages & Overtime Law

Plaintiff Lindsey Buero filed a class action complaint against Services, Inc. and, Inc., alleging that Defendants’ failure to compensate employees for time spent waiting for and passing through mandatory security screenings violates Oregon’s wage and hour laws. The district court granted Defendants’ motion for judgment on the pleadings, concluding that Oregon wage and hour law incorporates the standard set forth in the Portal-to-Portal Act, 29 U.S.C. § 254. Plaintiff appealed the district court’s order.

We respectfully ask the Oregon Supreme Court to answer the certified question presented below pursuant to section 28.200 of the Oregon Revised Statutes, because we have concluded that it raises an important, dispositive question of state law: whether time employees spend at an employer’s premises waiting for and undergoing mandatory security screening is compensable under Oregon law.1 See W. Helicopter Servs., Inc. v. Rogerson Aircraft Corp., 811 P.2d 627 (Or. 1991). We offer the following statement of relevant facts and explanation of the “nature of the controversy in which the question[ ] arose.” Or. Rev. Stat. § 28.210(2) (2005).