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Portal to Portal Pay Act (1947)

10 July 2006

Portal to Portal Pay Act (1947), 29 U.S.C. §§251-262

Coverage and Prohibition:  This Act applies to all employees subject to the Fair Labor Standards Act (“FLSA”), and the intent of the legislation was to abolish certain judicial interpretations of the FLSA.  The Supreme Court had held that the time employees spent walking from the plant gates to their work benches and in tasks that were preparatory to their day’s work must be counted as hours worked in computing pay and overtime.  To alter this holding, the Act bans suits by employees to recover back pay for time spent on site before and after completion of the employees’ “principal activities” unless that time was considered compensable under a contract, custom, or practice in the plant.

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