Select Page

The Fair Labor Standards Act of 1938 (FLSA) is a federal statute governing overtime, minimum wages, recordkeeping, and child labor standards that affect workers in both the public and private sectors.  The FLSA requires employee compensation for activities performed during the workday.  The Portal-to- Portal Act of 1947 (Portal Act) amended the FLSA by narrowing the scope of the workday to exempt compensation for travel to and from the location of the employee’s principal and non-principal activities.  In IBP, Inc. v. Alvarez, the United States Supreme Court considered whether the Portal Act specifically excludes time spent walking from a changing area, where employees don and doff required protective equipment, to a production area.  The Court held that the time employees spend walking from the locker room to their workstation is part of their workday, is not barred by the Portal Act exemption, and is therefore compensable under the FLSA. . . .