Denver Airport Taco Bell Worker Sues For Pay While Waiting At Security — And They May Win

A former Taco Bell food preparer at Denver International Airport is suing the restaurant’s operator for pay for time spent going through security and getting to the restaurant before clocking in. According to Law360, the Colorado state court lawsuit also alleges that hourly employees weren’t provided paid rest breaks. I’d normally be skeptical of a claim for pay while passing through an airport checkpoint. Government-required screening looks like part of getting to work. However, Colorado law is unique and more generous here than even California. This Wouldn’t Fly In California In January, I wrote about a Delta Sky Club worker at Los Angeles International Airport seeking pay for time spent going through TSA. A similar claim by an Admirals Club employee had already lost. In Cazares v. Host International, the Ninth Circuit upheld dismissal because the employee hadn’t alleged facts showing employer control during federally mandated screening. Federal law is also favorable to employers here. The Supreme Court’s Integrity Staffing Solutions v. Busk decision held that warehouse workers didn’t have to be paid for certain employer-required security searches. Simply requiring an activity doesn’t automatically make it paid work under federal law. Colorado Specifically Includes Security Screening As Work Colorado’s wage rules list “security or safety screening”, including waiting for it, among activities that can count as paid work. The state’s labor department explains that screening required to work for an employer can qualify “whether discretionary with the employer or legally required.” Its example is federally required radiation screening for nuclear plant guards. In Rael v. Q3 Contracting in 2024, a federal judge dismissed claims involving vehicle inspections and commuting under federal law, while allowing claims for that same time under Colorado law. The Taco Bell concessionaire’s best argument is that a shared airport checkpoint remains part of the commute: it serves aviation security generally, outside the restaurant’s premises and supervision. The worker’s answer is that this is a required screening to reach the assigned workplace, exactly the sort of activity Colorado treats as work. It’s not a frivolous theory the way it was for California airport lounge employees. Interestingly, the time security to the restaurant could count as work, too. Colorado generally excludes ordinary commuting and the initial trip to a workstation. However, its travel rule includes an exception once compensable work has begun. If the security checkpoint is work, then travel from that work location to the next one can be work, too. The state’s travel time guidance even discusses walking from an entrance to a workstation after paid activity starts. I’ve written plenty about the time it takes to get around Denver airport. So this could be a lot of time. My bet is that this dispute is more likely to produce a negotiated payment than a clean employer win based on who runs the checkpoint. But that’s just going to encourage more similar suits. Topics on this page