Working a 9 to 5 job isn’t all negative. When you have a set schedule, you know exactly how much time you have to work on projects. But, there is one major downside: the 40-hour workweek. While some people like your trusty 8 to 5, others would prefer to work a little more. Here’s how the Portal-to-Portal Act can help you get that extra 12 hours.
What is the Portal-to-Portal Act?
The Portal-to-Portal Act of 1947 amended FLSA (the Fair Labor Standards Act) to elucidate the definition of a compensable workweek. The amendment stated that a workweek is 40 hours, except in cases where an employee is required to work more than 40 hours in a seven-day period because of an emergency.
The Portal-to-Portal Act is a law that guarantees workers the right to overtime pay. It was passed in 1947 when President Harry Truman was in office (the 16th president).
Compensation Requirements Under the Portal-to-Portal Act
Time and again, the Department of Labor (DOL) has made it clear that employers are required to pay employees for all overtime hours they work, as mandated by the Fair Labor Standards Act (FLSA). However, some employers try to avoid paying overtime by making employees sign waivers. The FLSA does not permit employers to coerce employees to sign waivers, so any waiver must be voluntary.
The federal Fair Labor Standards Act (FLSA) requires employers to pay employees for every minute of compensable time worked, including time spent traveling to and from the employer’s premises. This law is known as the Portal-to-Portal Act. The Portal-to-Portal Act covers not only the travel from and to work but also the commute to and back from work.
The Act’s payment requirements apply to all employees, regardless of their title or job description. For example, if an employee is a part-time hourly employee, she or he is entitled to be paid for the time spent commuting to and back from work. If an employee is an executive, manager, or supervisor, she or he is entitled to be paid for the time spent traveling from and to work, plus the commute to and back from work.
Employers are also required to pay non-exempt employees for time spent waiting to clock out at the end of their shift, or waiting while waiting to be directed back to work. The Portal-to-Portal Act protects workers from “waiting time” pay when they are unable to start their shift at the scheduled time.
Final Words
The Portal-to-Portal Act requires employers to pay employees for all time worked, meaning that employers cannot simply end employees’ shifts without compensating them. If employers do end employees’ shifts, they must pay employees for the time the employees actually worked. Employers who knowingly fail to compensate employees are entitled to pay penalties. Attend the Compliance Prime webinar to learn more about the Portal-to-Portal Act.
