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https://sm.asisonline.org/Pages/Industry-News-September-2016.aspxIndustry News September 2016GP0|#3795b40d-c591-4b06-959c-9e277b38585e;L0|#03795b40d-c591-4b06-959c-9e277b38585e|Security by Industry;GTSet|#8accba12-4830-47cd-9299-2b34a43444652016-09-01T04:00:00Zhttps://adminsm.asisonline.org/pages/flora-szatkowski.aspx, Flora Szatkowski<p>​<span style="line-height:1.5em;">Hongqiao Airport in Shanghai, China, experienced rapid growth over the past few years to become the fourth-busiest airport in China, handling more than 30 million passengers each year. Part of the Hongqiao Transportation Hub, which integrates air, rail, subway, and bus transportation, the airport is also the country’s fifth-busiest air cargo transit point.</span></p><p>The airport implemented a video management system from Qognify (formerly NICE Security) seven years ago. The video surveillance solutions have helped keep the airport secure, as well as ensuring smooth airport operations. The system monitors and manages more than 1,500 video cameras, collating high-resolution video feeds from the gates, the airport apron, the parking lots, the airfield, and parts of the transportation hub. The central operations center employs the enhanced video technology, including visual parameters optimization and camera-tampering detection.​</p><h4>PARTNERSHIPS AND DEALS</h4><p>March Networks and AMAG Technology integrated the March Networks Command Enterprise video management solution with AMAG’s SymmetryAccess Control system. </p><p>In migrating to IP surveillance, Camp­bell University consulted with Accu-Tech and chose Arteco eMotion software.</p><p>Bittium and Air-Lynx launched a public safety LTE evolved Multimedia Broadcast Multicast Solution, which can deliver large amounts of data even in a congested network environment.</p><p>CNL Software partnered with ATEC Fire and Security to present education sessions at IFSEC International.</p><p>COPsync, Inc., announced that its COPsync911 threat-alert system is deployed at the Archdiocese of Boston Pastoral Care Center in Braintree, Massachusetts. </p><p>Daon and Gulf Bank Kuwait announced a partnership to provide biometric authentication within Gulf Bank Kuwait’s new mobile banking application.</p><p>Fiber SenSys, Inc., partnered with ela-soft GmbH, to integrate Fiber SenSys Fiber Defender sensors with ela-soft’s GEMOS platform.</p><p>Fluidmesh announced two new manufacturers’ reps: Osborn Sales Solutions will cover the Pacific Northwest, and Intelligent Marketing, Inc., will handle the Southeast region.</p><p>Hong Kong Applied Science and Technology Research Institute and Comba Telecom Limited will jointly establish the ASTRI-Comba Joint Research and Development Laboratory to focus on smart city and smart home technologies. </p><p>Soteria Intelligence and iSheriff Inc. announced a joint partnership to integrate Soteria’s platform for social media threat assessment into the iSheriff Complete platform.</p><p>Louroe Electronics signed Gulf Atlantic Marketing Group, Inc., to be its representative in Florida.</p><p> Lumeta Corporation joined the Carbon Black Connect partner program as a Technology Alliance Partner. </p><p>Milestone Systems partnered with Axis Communications and The Consulting Group to create a security solution for Hamilton Family Center in San Francisco, California, a shelter for victims of domestic violence and the homeless.</p><p>Building Protection Systems, Inc., entered into an exclusive master distributor relationship for the United States and Canada for the Naebula Security Fog Generation Machines.  </p><p>Norbain added BioConnect biometric products to its product portfolio.</p><p>NuData Security announced a partnership with the National Anti-Organ­ized Retail Crime Association to work against global organized retail crime.</p><p>OSS Inc. is providing security guard services for the LORD Corporation.</p><p>Qognify (formerly NICE Security) integrated Vanderbilt’s SPC Intrusion Detection system with its Situator situation management solution.</p><p>RockDove Solutions announced that Fluidmaster is using its crisis management solution, In Case of Crisis, for business continuity and emergency response plans.</p><p>Sielox LLC partnered with three new organizations to serve as manufacturers’ representatives. KLM Marketing will represent the company in the Mid-Atlantic, Thomasson Marketing Group in the West, and Pinnacle Marketing in the South Central United States.</p><p>Thales announced that its payShield 9000 hardware security modules are being used by Swiftch to help secure its self-certified mobile card payment acceptance solution throughout the United Arab Emirates.</p><p>The Threat Alliance Program launched by ThreatQuotient is creating new partnerships with companies, such as Riversafe, Guidepoint, and HelpAG.</p><p>Tyco Security Products announced that Millworks Custom Manufacturing in Toronto, Canada, installed a security solution using DSC PowerSeries Neo to integrate a wireless intrusion system throughout its facility.</p><p>Veridocs was named a Key Account by 3M, giving it access to additional 3M product lines.</p><p>Vicon Industries, Inc., is partnering with two new manufacturers’ representative firms: E-Connect in Georgia, Alabama, and Tennessee; and Coaxial Systems Associates for Florida and the Caribbean.​</p><h4>GOVERNMENT CONTRACTS</h4><p>Boon Edam Inc. provided Turnlock 100 full-height turnstiles for APM Terminals Callao as part of a physical security upgrade at the Multipurpose North Terminal of the Port of Callao in Peru.</p><p>Public Safety Canada and the Canadian Red Cross signed a memorandum of understanding for information sharing, personnel exchanges, research, and more.</p><p>Colbert Police Department in Oklahoma joined the COPsync communication and information sharing network.</p><p>CYREN was awarded a grant by the Office of the Chief Scientist at the Israel Ministry of Economy and Industry as part of an ongoing initiative that encourages the development of technological solutions in cybersecurity.</p><p>CyberPoint International, LLC, was awarded a contract by the U.S. Department of Homeland Security Borders and Maritime Security Division to participate in the Container Security Device Technology Demonstration for the US/EU Global Supply Chain Pilot Project. </p><p>The U.S. Navy awarded a contract to General Dynamics Mission Systems to build and deliver digital modular radios for new Navy surface vessels and submarines.</p><p> MorphoTrak and SNAP, Inc., will provide LiveScan Jumpkits to the U.S. Customs and Border Patrol for biometric acquisition in austere environments.</p><p>Siemens implemented an integrated physical security solution throughout Port Manatee, which is located at the entrance to Tampa Bay.</p><p>DirectView Holdings, Inc., teamed with TACLENS, LLC, to deploy its DVX1 body-worn cameras to the Hawk Cove Police Department in Texas.</p><p>TASER International and its Canadian subsidiary, Axon Public Safety Canada Inc., announced that Service de Police de la Ville de Montréal is using Axon body-worn cameras and the digital evidence management solution Evidence.com.  </p><p>The University of North Georgia recently earned designation as a National Center of Academic Excellence in Cyber Defense from the U.S. Department of Homeland Security and the National Security Agency. </p><p>Utility, Inc., announced that the Biloxi, Mississippi Police Department has officially approved the deployment of BodyWorn body cameras and Rocket in-vehicle wireless routers for its officers.</p><p>Vigilant Solutions announced that Sacramento County Sheriff’s Department in California is expanding the use of its FaceSearch facial recognition solution.​</p><h4>AWARDS AND CERTIFICATIONS</h4><p>Bold Technologies is UL 827 listed for its Manitou Cloud Services Data Center.</p><p>Implant Sciences Corporation was selected by the U.S. Department of Homeland Security (DHS) to receive the 2016 DHS Small Business Achievement Award.</p><p>Iluminar Inc. joined the Arecont Vision Alliance Program, and all of its LED illumination products are Arecont Vision MegaLab certified.</p><p>International SOS achieved certification to ISO/IEC 27001:2013 for Information Security Management.</p><p>ISONAS Inc. honored WESCO International, Inc., with its 2015 Distributor of The Year Award.</p><p>Nationwide Building Society has been awarded the Retail Banking Security Innovation of the Year award for a behavioral biometrics prototype it developed with Unisys Corporation and BehavioSec to improve security and user experience for mobile banking customers. </p><p>NextLabs was granted three additional patents for enhancing capabilities of the policy-based authorization platform to make information sharing more secure.</p><p>ObserveIT was named an IDC Innovator in the behavioral analytics and identity awareness market by International Data Corporation.</p><p>PSA Security Network gave the Superstar Award, its highest vendor honor, to two companies, Altronix and Windy City Wire. Other vendors winning a variety of awards from PSA included Allegion, AMAG Technology, Arecont Vision, Bosch Security Systems, Exacq Technologies, March Networks, Milestone, Hanwha Techwin America, Seneca, Salient Systems, HID, CSC, LifeSafety Power, and OpenEye.</p><p>The Qvarn Platform for managing digital identities was awarded the prize for Best Approach on Improving Governance and Mitigating Risks at the European Identity & Cloud Awards 2016, organized by KuppingerCole.</p><p>Sielox LLC named System Solutions of Afton, Minnesota, as its 2015 Rep of the Year.</p><p>Telco Systems won a Cybersecurity Excellence Award in the category for SDN/NFV Security in a program sponsored by the Information Security Community on LinkedIn.</p><p>Thales announced that its nShield hardware security modules received Common Criteria Evaluation Assurance Level 4+ certification.​</p><h4>ANNOUNCEMENTS</h4><p>Agenda Screening Services teamed with local businesses, police, and Hull University Business School to form the Humber Business Resilience Forum to explore cybersecurity issues.</p><p>Ankura Consulting Group launched its Risk Advisory and Management practice, focusing on critical infrastructure and cybersecurity.</p><p>Champion Group of Companies created a new corporate website at www.championalarms.com.  </p><p>Educational videos on critical cybersecurity topics relevant to any organization have been produced by a group of security experts and leading members of CompTIA. </p><p>Courion changed its name to Core Security to reflect the company’s strategic vision following the recent acquisitions of Core Security and SecureReset.  </p><p>Elite Investigations Ltd., a New York–based national security guard services provider, is expanding into the Virginia market.</p><p>FLIR announced a free radiation guidebook to provide tips for evaluating and investing in the right tool for a deployment program: 10 Things to Consider Before Buying a Handheld or Belt-Worn Radiation Detector.</p><p>G4S security teams in Alberta, Canada, provided assistance to evacuees displaced during a wildfire in the region.</p><p>Honeywell expanded cellular coverage for its LYNX 5210 and LYNX 7000 self-contained control panels, giving security dealers more options to expand their businesses in alternative cellular coverage areas. </p><p>ICSA Labs, an independent division of Verizon, is rolling out a new security testing program to provide assurance testing for Internet of Things devices and sensors. </p><p>Ilitch Charities and the Detroit Tigers Foundation partnered to donate three Vapor Wake explosives detection canines to local law enforcement agencies, including the Michigan State Police, Wayne State University Public Safety Department, and the Detroit Police Department. </p><p>ISONAS Inc. launched a new webinar series aimed at educating participants on access control and its ISONAS Pure IP solution.</p><p>Kathrein acquired noFilis, allowing the company to offer RFID hardware and software expertise from a single source.</p><p>Mercury Systems, Inc., completed the acquisition of the embedded security, RF and microwave, and custom microelectronics businesses from Micro­semi Corporation.</p><p>ONVIF created a new internal working group to monitor the physical security market. The Use Case Working Group will help shape ONVIF specifications, develop future profiles, and maintain ONVIF’s technical roadmap.</p><p>Personal.com is exiting its consumer business to focus on workplace productivity, collaboration, and security. The company’s products will now be called TeamData, but it will retain the Personal, Inc. corporate name.</p><p>Proficio opened a new headquarters and security operations center in Singapore.</p><p>Sharp Electronics Corporation, founding sponsor of the Robolliance program, announced the launch of an initiative focused on ground-based security robotics. </p><p>SANS Institute will participate in the White House Joining Forces Initiative, pledging to train at least 200 transitioning veterans over the next four years through its VetSuccess program.</p><p>Vivid Learning Systems launched a free, online training experience for active shooter response.</p><p>VTT Technical Research Centre of Finland Ltd. developed an economic evaluation procedure, RESEC, to enable authorities, urban security planners, and risk management professionals to evaluate the costs and benefits of security solutions for urban environments.</p>

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https://sm.asisonline.org/Pages/Five-Post-Incident-Concerns.aspxFive Post-Incident Concerns<p>​<span style="line-height:1.5em;">On June 12, 2016, a gunman shot 102 people in an Orlando, Florida, nightclub, killing 49. Agencies, both government and private, must be prepared to recover from such major incidents. Following are five issues that should be considered when crafting post-incident plans.</span></p><p><strong>1. COUNSELING.</strong> Identify a list of counselors for the living victims, family members of the deceased, and other persons who were directly or indirectly involved with the incident. This includes first responders. (In this case, where the gay community was targeted, special emphasis was placed on their needs.) Counselors can include certified therapy animals and their trained handlers. Providing privacy and personal time for the families and friends of the victims in their time of grief is crucial. It is also important to shield those who ask for privacy from the media.  </p><p><strong>2. BUSINESSES. </strong>Access must be granted to the area surrounding the incident so that local businesses can resume operation as soon as possible. The crime scene should be processed in a timely manner to allow the community to return to a feeling of normalcy and business as usual.</p><p><strong>3. COMMUNITY AWARENESS.</strong> The use of the friendly and concerned media can help keep the community informed and involved. Holding frequent press conferences and meetings with the community and its leaders conveys that agencies plan to be open about the incident and the follow-up.</p><p><strong> 4. DEBRIEFING.</strong> Ensure that all victims, witnesses, and responders are fully interviewed in a humane and caring way. This will assist the lead agency in trying to reconstruct the incident and come to a fuller understanding of its causes and outcomes.</p><p><strong>5. PLANNING.</strong> Continue to work within the community to plan for possible future incidents, identify possible soft targets, educate the public on the appropriate response to such an attack, work with the public on developing strategic response plans, and communicate openly with all involved.</p><p>--<br></p><p><em><strong>H.R. "Hank" Nolin, CPP,</strong> is a retired U.S. Army Master Sergeant who has owned various security agencies in Central Florida. He is an active member of the ASIS Military Liaison Council.</em></p>GP0|#28ae3eb9-d865-484b-ac9f-3dfacb4ce997;L0|#028ae3eb9-d865-484b-ac9f-3dfacb4ce997|Strategic Security;GTSet|#8accba12-4830-47cd-9299-2b34a4344465
https://sm.asisonline.org/Pages/Five-Incidents-That-Shaped-Crisis-Management.aspxFive Incidents That Shaped Crisis Management<p>​<span style="line-height:1.5em;"><strong>1. Deepwater Horizon. </strong>Eleven oil platform workers died and 5 million barrels of oil were released into the Gulf of Mexico when the Deepwater Horizon rig exploded off the Louisiana coast in 2010. BP’s attempt to blame other parties backfired, and the different organizations became adversaries. BP’s approach was seen as a refusal to take responsibility. Practice, practice, practice, especially with your partners. </span></p><p><strong>2. Exxon Valdez.</strong> Exxon Valdez’s 10-million-gallon oil spill in the Prince William Sound in 1989 continues to be a source of litigation and contention. The company initially declined media requests. When the chairman finally gave an interview, he was unprepared and unimpressive. Companies must have a bank of trained, prepared spokespeople to respond to inevitable media requests. Refusing to speak to the media is never an option. </p><p><strong>3. Piper Alpha.</strong> In July 1988, an explosion on Occidental’s Piper Alpha Platform in the North Sea killed 167 men. Occidental had no local response team, so the local police took the role of informing families about injuries as well as fatalities (under U.K. law, it is always the role of the police to inform families of fatalities, but not of injuries). Because the process was slow, the company was accused of not caring about employees or their families. Major incidents require a coordinated response. </p><p><strong>4. Pan Am.</strong> The bombing of Pan Am Flight 103 over the town of Lockerbie, Scotland, in 1988 killed 243 passengers, 16 crew members, and 11 people on the ground. Because the incident was a terrorist attack, Pan Am made a conscious decision that it was not going to communicate about the disaster because it was the “victim” not the “villain.” The media went to bereaved relatives instead. Pan Am’s silence ensured that it became the villain. Whatever the causes, companies need to take part in any rescue and response efforts. Companies cannot be victims.  </p><p><strong>5. Miracle on the Hudson.</strong> In 2009, US Airways Flight 1549 made an emergency landing on the Hudson River, allowing all 155 passengers and crew to be safely evacu­ated. The airline chose to focus on and leverage the heroic actions of the crew members and publicly praised their “five outstanding aviation professionals.” While the story may have been different had there been fatalities, the incident enhanced the company’s reputation. You can set the narrative for your crisis.  </p><p><em><strong>Andrew Griffin</strong> is the CEO of Global Crisis M​anagement Consultancy Regester Larkin</em><br></p>GP0|#28ae3eb9-d865-484b-ac9f-3dfacb4ce997;L0|#028ae3eb9-d865-484b-ac9f-3dfacb4ce997|Strategic Security;GTSet|#8accba12-4830-47cd-9299-2b34a4344465
https://sm.asisonline.org/Pages/Changing-of-the-Guard.aspxChanging of the Guard<p>​</p><p>COURTS ARE ADDRESSING whether companies should pay employees for time worked when they are changing in and out of uniforms or gathering equipment. Police and security officers have filed several cases against their employers in federal court seeking compensation for activities they conduct before and after officially clocking into work. Because clear guidelines on these issues have not previously been provided by the courts or the U.S. Department of Labor (DOL), the outcome of the lawsuits is far from clear. One of these cases is set to go to trial and the other was appealed to the U.S. Court of Appeals for the Ninth Circuit.</p><p>Laws<br>The cases were brought under state and federal labor laws. The statutes at issue include the Fair Labor and Standards Act (FLSA) and the Portal-to-Portal Act.</p><p>FLSA. The Fair Labor Standards Act (FLSA) was enacted by Congress in 1938. Under the FLSA, an employer must pay an employee for all hours that he or she works. An employer also must pay employees overtime for hours worked in excess of 40 hours in a work week.</p><p>The problem is that the FLSA does not define “work.” Consequently, courts are sometimes left to decide what activities are considered “work,” and thus require compensation. These activities can include donning and doffing uniforms, getting equipment, checking schedules, and loading and unloading weapons.</p><p>FLSA damages include unpaid overtime compensation, damages for willful violations, attorney fees, and court costs. (Willfulness is found when the employer knew, or should have known, that it was engaging in conduct that violated the FLSA.)</p><p>FLSA claims are the second largest segment of labor cases brought to federal court. The largest segment involves pension cases, which are brought under the Employee Retirement Income Security Act (ERISA). In the past 10 years, ERISA claims have not increased much—9,167 claims were brought in 2000 and 9,326 in 2010. However, FLSA claims have increased substantially, more than tripling over that time. From March 31, 2009, to March 31, 2010, more than 6,080 FLSA claims were commenced in federal court. For the same period 10 years ago, only 1,961 FLSA claims were brought in federal court.</p><p>Plaintiffs may also file a collective action under the FLSA. This is basically a class action lawsuit brought by a group of employees against their employer. An employee must agree to be included as a plaintiff in a collective action lawsuit under the FLSA. The group of employees must show that it was subject to the same employment policies that violated the FLSA.</p><p>Portal-to-Portal Act. In 1946, the U.S. Supreme Court held that the FLSA requires employers to compensate employees for preliminary work activities. In 1947, Congress responded to the Court’s ruling and passed the Portal-to-Portal Act to narrow FLSA’s coverage by exempting employers from paying for activities that are conducted before or after the principal work activity. Since the Portal-to-Portal Act was passed, however, courts and the DOL have struggled with the definition of “principal activities,” which has led to lawsuits against employers.</p><p>Recent Cases <br>Over the past few years, there have been many cases addressing whether employees should be paid for changing in and out of uniforms and collecting equipment. Two recent lawsuits addressed whether security officers and police officers should be paid for these activities.</p><p>In Haight v. The Wackenhut Corporation (U.S. District Court for the Southern District of New York, 2010), the plaintiff and 75 other security officers sued the Wackenhut Corporation in federal court for violation of the FLSA and New York labor laws. The plaintiffs were employed by Wackenhut as security officers at the Indian Point Nuclear Facility in New York.</p><p>The security officers claimed that Wackenhut failed to compensate them for time spent on activities they performed before and after their shifts. The security officers claimed that they were not compensated for a number of activities, including donning and doffing uniforms, preparing weapons, traveling to work sites, and doing paperwork.</p><p>Wackenhut sought to dismiss the security officers’ claims regarding donning and doffing, and so-called “gun-up” and “gun-down” activities. Donning included badging into protected areas, proceeding to locker rooms, and putting on uniforms. Gun-up activities included proceeding to a command post building; checking mail, shift schedules, and notices; obtaining radios and batteries, keys, and post duties binders; and waiting to enter the gun room. Gun-down activities included badging into the command post, putting batteries into chargers, entering the lieutenant’s office to turn in patrol sheets, going to the gun locker to unload weapons, and badging out of secure areas. Doffing included proceeding to locker rooms and taking off protective equipment.</p><p>The district court found that the security officers should not be compensated for time taken to badge into protected areas because ingress and egress security procedures were not integral to the security officers’ principal activities. The court found that the same security procedures applied to visitors and other employees. The plaintiffs also were not entitled to compensation for the time taken to walk to locker rooms, as time spent walking or waiting before the principal activity is excluded from compensation.</p><p>The court further said that officers should not be compensated for obtaining radios and batteries, waiting to enter the gun room prior to actually obtaining a gun, and the concomitant task conducted at the end of their shift after the plaintiffs had returned their guns. The court ruled that hardhats, safety glasses, steel-toed boots, gun holsters, and inclement weather gear were generic protective gear and not integral to the job and, therefore, time taken to don those items was not compensable.</p><p>Also, the security officers admitted that they were not required to change on the employer’s premises and that they had the option of changing at home. Furthermore, some of the gear was optional.</p><p>Interestingly, the court found that checking mail, shift schedules, and notices while in the command post building were generic activities that were not essentially linked to the principal activity of providing security to the power plant. While they were required by the employer, they were not integral to the employee’s work and were not compensable.</p><p>Furthermore, the court found that even if the equipment was integral and indispensable, the time spent on such activities was de minimus and was not compensable. Under the de minimus doctrine, otherwise compensable time could still be found to be not compensable by a court.</p><p>Factors to be considered are the practical administrative difficulty of recording the additional time, the size of the claim in aggregate, and whether the claimants perform the work on a regular basis. In this case, the trial court found that the plaintiffs claimed to spend seven minutes donning and doffing uniforms. The court found that seven minutes was an insignificant amount of time and that the practical administrative difficulty of recording the additional time would outweigh the size of the claim in the aggregate.</p><p>Although the district court dismissed all of the security officers’ claims that were related to donning and doffing and gun-up and gun-down, the case is still pending on whether Wackenhut should have paid the security officers for activities conducted after the security officers were armed but before they arrived at their work post. That particular issue is scheduled to be presented to a jury later this year.</p><p>The second case is Bamonte v. City of Mesa (U.S. Court of Appeals for the Ninth Circuit, 2010). In this case, the plaintiffs are police officers employed by the City of Mesa, Arizona. The officers sued the City of Mesa, arguing that the city violated the FLSA and Arizona statutes by failing to compensate them for hours they spent donning and doffing their uniforms, protective gear, and equipment. The police officers sought unpaid overtime compensation for violation of the FLSA, an additional amount equal to the overtime, attorney’s fees, and additional costs.</p><p>The City of Mesa required its police officers to wear certain uniforms and related gear. However, like the security officers in Haight, the police officers had the option of getting in uniform at home (and similarly, going home to get out of uniform).</p><p>The police officers argued that they preferred to don and doff their uniforms and gear at the police station. The officers raised several reasons for their preference, such as potential access to their gear by family members, safety concerns with performing firearms checks at home, and increased risk of being identified as police officers. In light of the police officers’ concerns, the city provided each officer with a locker at the station but made it clear that the officers had the option to change at home.</p><p>The trial court found that since the officers had been given the option of changing into their uniforms at home, the specific activity of donning and doffing uniforms at the police station was not compensable. The officers appealed the case.</p><p>The federal appeals court agreed with the trial court and dismissed the police officers’ complaint. The court noted that the DOL and other courts have allowed compensation for donning and doffing only in situations where the employees were required by their employers—by law, by rules, or by the nature of their work—to don and doff their gear in the workplace.</p><p>The court also found that the DOL Field Operations Handbook notes that employees who dress to go to work in the morning are not working while dressing even though they are putting on required uniforms. The court found that although the police officers were logical in choosing to change at the police station, this was a preference and not a mandate.</p><p>One of the three justices, Justice Ronald Gould, disagreed and wrote a separate opinion dissenting in part. Although he agreed with dismissing the police officers’ complaint, Justice Gould’s opinion raises questions that may be raised by plaintiffs in another lawsuit.</p><p>Justice Gould argued that the U.S. Supreme Court uses a context-specific approach to collective action FLSA cases, and that the majority did not use this approach. He wrote that the proper analysis for determining compensability under the Portal-to-Portal Act entails an examination of more than a dozen factors to determine whether an activity is compensable. For example, one factor might be whether there was a written policy governing the changing of uniforms at the workplace.</p><p>The police officers have not appealed Bamonte v. City of Mesa to the U.S. Supreme Court, which would be the next step.</p><p>Avoiding Liability<br>A company should review all of the activities it requires employees to complete both before and after work. For example, management should be wary if employees are required to don and doff uniforms at the workplace without compensation for that time. After Bamonte v. City of Mesa, companies should be sure that a written policy explicitly spells out the rules if they allow employees to don and doff their uniforms at home—in other words, if doing so at work is optional, not required. They should ensure that employees are aware of this policy.</p><p>Employers need to review their policies on other duties undertaken before and after work as well as any mandatory training. They should review record keeping procedures and policies and ensure that overtime is properly calculated to include necessary compensation.</p><p>Employers must not plan on using precedent. Collective action cases are fact specific, and courts have held that activities anywhere from two minutes to 15 minutes were de minimus. There are no clear standards.</p><p>In any collective action case, companies should have an attorney investigate the matter. The attorney should identify potential exposure and risks, determine the scope of the complaint, and preserve all relevant records. Companies should also work with the attorney to identify and interview key personnel so that the information remains privileged.</p><p>Collective actions are on the increase and significant costs can be associated with such actions. But by being aware of the risk, attempting to avoid clear violations, and consulting attorneys when claims arise, companies can reduce the potential for problems.</p><p>Philip R. Kujawa is a partner and John C. De Koker III is an associate at Hinshaw & Culbertson LLP. Kujawa is a founder of the firm’s Alarm and Security Industry Practice Group, and specializes in representing security and alarm companies in catastrophic claims and contract matters. This article does not constitute legal advice.<br></p>GP0|#28ae3eb9-d865-484b-ac9f-3dfacb4ce997;L0|#028ae3eb9-d865-484b-ac9f-3dfacb4ce997|Strategic Security;GTSet|#8accba12-4830-47cd-9299-2b34a4344465