Millions Recovered
For Unpaid Workers
Federal law lets employers skip paying for commute time, security screenings, and gear changing—common issues for Call Center, Security, and Warehouse workers. But many states reject these loopholes. If you're spending unpaid time on employer premises, you may be owed overtime wages.
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The Portal-to-Portal Act of 1947 is a federal law that limits what employers must pay as "work time" under the Fair Labor Standards Act (FLSA). It excludes compensation for certain activities that happen before and after your principal work duties—even if your employer requires them.
The problem: This law was passed in 1947 to limit employer liability after World War II. But today, employers use it to avoid paying for 15-30 minutes of required activities before and after each shift—time that adds up to thousands of dollars per year in stolen wages.
Under federal law, these activities are compensable ONLY if they are "integral and indispensable" to your principal job duties—not just required by your employer. This narrow standard excludes most pre-shift and post-shift activities, even when mandatory.
Three key Supreme Court cases define whether time spent changing into/out of gear or performing related activities is compensable work time under the FLSA. Understanding these cases helps explain why state law protections are often superior.
Key Holding: Time spent walking between the area where employees don protective gear and the production floor (or in reverse after shift) is compensable as part of the "continuous workday."
Meatpacking workers were required to don protective equipment (hard hats, earplugs, mesh aprons, arm guards, etc.) before entering the production floor. The Supreme Court held that the time walking from the changing area to the production line—and back after shift—was compensable because it occurred between the start of the first principal activity (donning) and the completion of the last principal activity (doffing).
Facts: Employees at an IBP meatpacking plant were required to arrive early to don protective gear before production started. After donning, they walked several minutes through the facility to reach their workstations. At the end of shifts, they walked back to remove (doff) their gear.
Legal Issue: Is the walking time between donning protective gear and reaching the production floor compensable under the FLSA?
Supreme Court Reasoning: The Court applied the "continuous workday" doctrine from the Portal-to-Portal Act regulations (29 C.F.R. § 790.6(b)). Once an employee begins their first principal activity, all time until they complete their last principal activity is compensable—including walking time between those activities.
Impact on Workers: This expanded compensable time beyond just the act of changing gear to include walking time that is sandwiched between principal activities. However, it did NOT make the donning/doffing itself compensable for all workers—only those whose gear-changing qualified as a principal activity.
Citation: IBP, Inc. v. Alvarez, 546 U.S. 21 (2005)
Key Holding: Donning and doffing protective gear like flame-retardant jackets qualifies as "changing clothes," which unions can exclude from compensable time via collective bargaining agreement (CBA) under FLSA § 203(o).
Steel workers challenged their union's CBA that excluded time spent donning and doffing 12 pieces of protective gear. The Supreme Court ruled that most of these items (jackets, pants, hoods) were "clothes" under § 203(o), allowing the union to negotiate them as non-compensable. However, items like respirators were "not clothes" and could not be excluded.
Facts: U.S. Steel employees were required to don and doff 12 items: flame-retardant jacket and pants, work gloves, metatarsal boots, hardhat, hood, snood, wristlets, work gloves, leggings, and a respirator. The union CBA excluded this time from compensation under FLSA § 203(o).
Legal Issue: Does protective gear count as "clothes" that can be excluded from compensation via union agreement under § 203(o)?
Supreme Court Reasoning: The Court applied a "principal purpose" test: if the item's principal purpose is to clothe the body (jackets, pants, hoods), it's "clothes." But if the principal purpose is to protect the worker (respirators, tools), it's not "clothes." Because most of the 12 items were clothes, the entire donning/doffing process could be excluded under the CBA.
Impact on Workers: This decision weakened worker protections in union environments by allowing broad exclusions of gear-changing time through collective bargaining—even when the gear is mandatory for safety. Non-union workers are not subject to this exclusion and may have stronger claims.
Citation: Sandifer v. United States Steel Corp., 571 U.S. 220 (2014)
Key Holding: Post-shift security screenings (lasting up to 25 minutes) are NOT "integral and indispensable" to warehouse workers' principal duties, even if employer-required. Time spent in security screenings and waiting in line is not compensable under federal law.
Amazon warehouse workers challenged mandatory post-shift security screenings that took up to 25 minutes daily. The Supreme Court held these screenings were not compensable because they weren't "integral and indispensable" to the workers' principal activity of retrieving products from warehouse shelves—even though the screenings were required by the employer to prevent theft.
Facts: Warehouse employees retrieved products from shelves for Amazon customers. At the end of each shift, they were required to undergo security screenings to ensure they weren't stealing merchandise. These screenings involved waiting in line and passing through metal detectors, taking up to 25 minutes daily.
Legal Issue: Are mandatory post-shift security screenings compensable under the FLSA's "integral and indispensable" test?
Supreme Court Reasoning: The Court applied a strict interpretation of "integral and indispensable": an activity is compensable only if it is an intrinsic element of the principal work activity and one with which the employee cannot dispense if they are to perform their principal activities. Security screenings were not intrinsic to retrieving products—they were merely required by the employer to protect against theft.
The Court Rejected Efficiency Arguments: Workers argued the screenings were necessary for employer efficiency and theft prevention. The Court held that efficiency benefits belong at the bargaining table, not in court—Congress intended § 254(a) to exclude activities that are for the employer's convenience, not the employee's job function.
Impact on Workers: This decision dramatically narrowed compensable time under federal law. Even substantial, mandatory, employer-required activities are excluded if they don't directly enable the worker's core job tasks. This is why state law protections are critical—many states compensate time based on employer control, not federal "integral and indispensable" standard.
Citation: Integrity Staffing Solutions, Inc. v. Busk, 574 U.S. 27 (2014)
Gear changing may be compensable if truly essential to core job tasks (IBP/Sandifer), but non-essential activities like security screenings are not compensable (Integrity Staffing)—even if mandatory and time-consuming.
Federal law sets a high bar. Activities must be "integral and indispensable" to your principal duties—not just required by your employer. This is why state law protections are often superior for workers.
While federal law excludes many pre-shift and post-shift activities from compensation, several states have stronger worker protections. These states use broader definitions of "compensable time" based on employer control, time on premises, or specific statutory requirements.
No Portal-to-Portal Act Adoption
California applies a "control" test: if you're subject to employer control, you must be paid—even if not actively working. This is far broader than federal "integral and indispensable" standard.
Broader Scope Than Federal Law
Pennsylvania Minimum Wage Act broadly protects time spent on employer premises waiting to undergo and undergoing mandatory activities like security screenings.
Does Not Incorporate Portal-to-Portal Act
NJ law compensates time spent on employer premises for required activities. Recent Target settlement ($4.6M) covered warehouse workers' time from facility entrance to time clock.
Does Not Incorporate Portal-to-Portal Act
NY Labor Law provides independent wage protections without federal Portal-to-Portal limitations. 6-year statute of limitations gives workers more time to recover wages.
Portal-to-Portal Act NOT Incorporated
Maryland Supreme Court confirmed in Amaya v. DGS Construction (2022) that the Portal-to-Portal Act has not been adopted into Maryland wage laws.
Legislature Did Not Incorporate Portal-to-Portal Act
Arizona Supreme Court held in Roberts v. State (2022) that the legislature did not incorporate the Portal-to-Portal Act into Arizona wage laws.
Broader Minimum Wage Act Scope
Washington Minimum Wage Act does not incorporate federal "de minimis" doctrine and provides broader compensable time protections.
Modeled After Portal-to-Portal But Broader Scope
Wisconsin laws are modeled after federal standards but explicitly contemplate that changing clothing may be compensable when not merely for employee convenience.
2024 Regulations on Compensable Time
Effective January 2024, Colorado regulations explicitly require compensation for time on employer premises including gear changing, security screening, and waiting for work assignments.
Federal Portal-to-Portal Act sets a narrow "integral and indispensable" standard that excludes most pre-shift and post-shift activities. But these 9+ states provide stronger protections based on employer control, time on premises, or explicit statutory requirements.
If you work in one of these states and spend unpaid time on required employer activities before or after your shift, you may be owed significant back wages—even if federal law wouldn't cover you.
| Activity | Federal FLSA (Portal-to-Portal Act) | States with Stronger Protections |
|---|---|---|
| Commute from home to work | ❌ Not compensable | ❌ Not compensable (same as federal) |
| Commute from central reporting location to job site | ⚠️ May be compensable if during workday | ✅ Often compensable in CA, NJ, PA |
| Donning/doffing required safety gear | ⚠️ Only if "integral and indispensable" to principal duties | ✅ Compensable if on premises (CA, NJ, PA, MD, CO) |
| Security screenings (bag checks, metal detectors) | ❌ Generally not compensable (Integrity Staffing) | ✅ Compensable if on premises (PA, NJ, CA, CO) |
| Walking from time clock to work station | ❌ Not compensable unless linked to principal activity (IBP) | ✅ May be compensable under CA "control" test, NJ premises rule |
| Walking from entrance to time clock | ❌ Not compensable (preliminary activity) | ✅ Compensable in NJ (Sadler v. Target - $4.6M settlement) |
| Pre-shift computer boot-up, system login | ⚠️ Only if "integral and indispensable" | ✅ May be compensable if on premises and required |
| Post-shift cleaning, closing procedures | ⚠️ Only if "integral and indispensable" | ✅ Often compensable if employer-required and on premises |
| Waiting in line for screenings or equipment | ❌ Not compensable (Integrity Staffing) | ✅ Compensable if on premises (PA, CA, CO) |
Activities must be "integral and indispensable" to your core job duties—not just required by employer. This excludes most pre/post-shift activities.
Many states use "employer control" or "on premises" tests. If employer requires the activity and you're on their property, you must be paid—regardless of whether it's "integral."
Plus overtime multiplier: If this unpaid time pushes you over 40 hours/week, you're owed time-and-a-half (1.5×) or even double time in some states. This can increase recovery to $11,000+ over 3 years.
Many states (Pennsylvania, New York, California) provide liquidated damages that double or triple your recovery. Your $7,500 in unpaid wages could become $15,000-$22,500 in total compensation.
Estimate wages owed for required activities before and after your scheduled shift. Use the "Off-the-Clock Hours" field below to enter time spent on employer-mandated activities like donning/doffing gear, security screenings, walking to work stations, or pre-shift preparation.
Get an estimate of what you're owed in just 60 seconds. This calculator is based on federal FLSA laws and includes liquidated damages (double your unpaid wages).
The Situation: You're required to arrive 15 minutes before your shift starts to pass through security screening and walk from the facility entrance to your time clock. At the end of shift, mandatory bag checks take another 15 minutes.
Federal Law: Under Integrity Staffing, security screenings are NOT compensable—even though they're mandatory and time-consuming.
State Law (NJ, PA, CA): These activities are compensable because they occur on employer premises and are employer-required. The Target NJ settlement ($4.6M) covered exactly this scenario—time from entrance to time clock.
The Situation: You're required to don flame-retardant clothing, hard hat, safety glasses, steel-toed boots, and respirator before entering the production floor. This takes 10 minutes. You then walk 5 minutes from the changing area to your station. Reverse process at end of shift.
Federal Law: Under Sandifer, if there's a union CBA, the donning/doffing may be excluded from compensation. Walking time may be compensable under IBP only if linked to principal activities.
State Law (CA, MD, CO): Required gear changing on employer premises is compensable. Walking time from changing area to station is also paid time. Total: 30 minutes/day = $2,500+/year.
The Situation: Your scheduled shift ends at 9:00 PM when the store closes. But you're required to stay 20-30 minutes after close for cleaning, restocking, counting registers, and setting alarms—all off the clock.
Federal Law: These activities may not be "integral and indispensable" to selling merchandise—the employer could argue they're postliminary activities excluded by Portal-to-Portal Act.
State Law (NY, CA, PA): If the employer requires these activities and you're on premises, they're compensable. This is classic "off-the-clock" work that state laws protect against. 30 minutes/day = $3,000+/year.
Federal law often excludes required pre-shift and post-shift activities, but many states compensate based on employer control or on-premises time. If you recognize yourself in these scenarios, you may be owed significant back wages.
Under the Portal-to-Portal Act and Supreme Court cases like Integrity Staffing, an activity is compensable only if it is an intrinsic element of your principal work duties and one you cannot dispense with if you are to perform your job. This is a very narrow standard. For example, security screenings at an Amazon warehouse are NOT integral and indispensable to retrieving products from shelves—even though they're mandatory and time-consuming. State laws often use broader standards like "employer control" or "time on premises."
Under federal Portal-to-Portal Act, employers can require you to arrive early for certain activities (like donning gear or security screenings) without paying you—if those activities aren't "integral and indispensable" to your principal job duties. However, many states reject this approach. In California, New Jersey, Pennsylvania, Maryland, Colorado, and other worker-friendly states, if the employer requires the activity and you're on their premises, you must be paid. The answer depends on which state you work in.
In Sandifer v. U.S. Steel, the Supreme Court ruled that items whose principal purpose is to clothe the body (jackets, pants, boots) count as "clothes" under FLSA § 203(o)—meaning unions can exclude this time from compensation via collective bargaining agreement. But items whose principal purpose is protection or safety (respirators, tools, harnesses) are NOT "clothes" and cannot be excluded. This distinction only matters if you're covered by a union CBA. If you're not in a union, or if you work in a state with stronger protections, all required gear-changing time may be compensable regardless of this federal distinction.
Under federal law (IBP v. Alvarez), walking time is compensable if it occurs between your first principal activity (like donning required gear) and your last principal activity (like doffing that gear). So if you don required safety equipment, then walk to the production floor, that walking time is part of your "continuous workday" and must be paid. However, walking from the facility entrance to the changing area (before donning gear) is generally not compensable under federal law. State laws may be broader—California's "control" test and New Jersey's "on premises" rule often compensate all walking time on employer property.
Under federal law (Integrity Staffing v. Busk), post-shift security screenings are NOT compensable—even if they take 25 minutes and are employer-mandated. The Supreme Court held they're not "integral and indispensable" to warehouse workers' principal job duties. However, state law tells a different story. Pennsylvania courts held in In re Amazon.com that security screenings ARE compensable under Pennsylvania Minimum Wage Act because they occur on employer premises. New Jersey reached a similar result in Sadler v. Target ($4.6M settlement). California also compensates security screening time. If you work in these states or other worker-friendly jurisdictions, you should be paid for all security screening time.
Documentation is critical. Keep records of: (1) Your actual arrival and departure times (not just time clock punches), (2) Written policies or supervisor instructions requiring pre-shift or post-shift activities, (3) Photos of required gear or security checkpoints, (4) Text messages or emails from supervisors about arrival times or procedures, (5) Witness statements from coworkers who perform the same activities. If you're required to undergo security screenings or don safety gear, take photos of the equipment and document the time required. Keep a personal log of daily activities before and after your scheduled shift. This evidence will be crucial if you file a wage claim.
Under FLSA § 203(o), unions can negotiate to exclude time spent "changing clothes" from compensation—but only if the items qualify as "clothes" under the Sandifer test (items whose principal purpose is to clothe the body). Items like respirators, tools, or specialized safety equipment are NOT "clothes" and cannot be excluded. Additionally, state law may override the CBA. Some states don't recognize the § 203(o) exemption and require compensation for all employer-mandated on-premises activities regardless of union agreements. Consult with an employment attorney to review your specific CBA and state law protections.
Under federal FLSA, you can recover unpaid wages for 2 years (or 3 years if the violation was willful). However, many states have longer statutes of limitations: New York allows 6 years, Pennsylvania allows 3 years, and California allows 3-4 years (via Unfair Competition Law). The longer statute means more back wages recovered. Additionally, many states provide liquidated damages (doubling your recovery) or even treble damages. This is why state law claims are often more valuable than federal FLSA claims—both in the lookback period and the damages available.
If you're spending unpaid time on required employer activities before or after your shift, you may be owed significant back wages. Tell us about your situation.