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When Does A Workday Begin? When Does It End?
These relatively simple questions are not always easy to answer, particularly when they pertain to pay issues under the Fair Labor Standards Act (FLSA). On Nov. 8, 2005, the U.S. Supreme Court provided some needed clarification in two consolidated cases ' IBP, Inc. v. Alvarez (No. 03-1238) and Tum v. Barber Foods, Inc. (No. 04-66).
In these cases, the Court addressed whether employees in meat and poultry processing plants must be paid for non-productive time they spend walking from locker rooms where they are required to don protective clothing and equipment, to the meat or poultry processing floor where they perform their work, and for the time they spend walking back to the locker rooms from the processing floor. In Tum, the Court also addressed whether time spent waiting in line to put on the protective clothing or to take it off was compensable. These cases turned on the application of Section 4(a) of the Portal-to-Portal Act of 1947, 29 U.S.C. '254(a), which excludes from the FLSA time spent walking, riding, or traveling to and from the location of the employee's principal work activity as well as other preliminary and postliminary activities.
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