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Glossary > Employment Law > Wage And Hour Laws > General
Legal Disclaimers

Portal-to-Portal Act

The Portal-to-Portal Act, within the realm of employment law, specifies when employees should be compensated for activities performed before or after their regular work hours, such as commuting to and from work or other preliminary or postliminary activities associated with the job. It clarifies what counts as 'working time' and is crucial in determining when employees should receive payment for their time under the Fair Labor Standards Act (FLSA).

Example #1

An employee who is required to wear a uniform or safety gear as part of their job may need to arrive at work early to put on the uniform or gear. According to the Portal-to-Portal Act, this time spent changing into work-related attire could be considered compensable working time, depending on the specific circumstances.

Example #2

If an employee is asked to clean their work equipment before or after their shift, the time spent for this task may or may not be covered under the Portal-to-Portal Act, depending on whether the cleaning is an integral part of their principal job duties.

Misuse

One potential misuse of the Portal-to-Portal Act could be misclassifying certain tasks as preliminary or postliminary activities to avoid compensating employees for work-related tasks that should rightfully be paid. This can result in wage theft and exploitation of workers, depriving them of fair compensation for their time and labor.

Benefits

The Portal-to-Portal Act benefits employees by establishing clear guidelines on when they should be paid for activities performed before or after their regular work hours. This ensures that employees are fairly compensated for work-related tasks that are integral to their job responsibilities but may fall outside standard working hours.

Conclusion

The Portal-to-Portal Act plays a crucial role in protecting employee rights by defining compensable working time and preventing potential exploitation by employers. Understanding the provisions of this act empowers workers to advocate for fair compensation for all work-related activities.

Related Terms

Fair Labor Standards Act (FLSA)

Last Modified: 4/30/2024
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