Roberts v. State
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The Supreme Court reversed the decision of the trial court dismissing this action brought by Arizona corrections officers seeking overtime compensation for time spent in mandatory pre-shift security screenings, holding that whether the corrections officers were entitled to overtime should be decided as a matter of law.
At issue was whether the State has incorporated the Portal-to-Portal Act, 29 U.S.C. 251–262, into Ariz. Rev. Stat. 23-392 to govern Arizona corrections officers’ claims for overtime compensation for time spent in mandatory pre-shift security screenings. The trial court granted the State's motion to dismiss, concluding that the pre-shift security screening was not compensable. The Supreme Court reversed and remanded the case, holding that for purposes of defining "work" to determine overtime eligibility for law enforcement officers under section 23-392, the state has not incorporated the Act in the statute, and state agency regulations purporting to do so are not legally binding.
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