He Worked Hard for the Money: Second Circuit Analyzes Whether Post-Workday Hours are Compensable

Ever since enactment of the Portal-to-Portal Act in 1947, courts have been asked to define what types of work-related activities should and should not be paid -- especially those occurring prior to the official start of the workday, or taking place after standard work hours.  The courts generally analyze this question by asking “whether those hours are devoted to activities that constitute an integral and indispensible part of the principal activity of employment.”  One commonly cited example is the daily commute to work, which is not compensable under the Act because it is not part of the work, itself, but rather is “preliminary” to that work.

On August 10, the Second Circuit, in Donnelly v. Greenburgh Central School District No. 7, addressed this issue in the context of a high-school teacher.  Although the specific question was whether the teacher worked 1,250 hours during the school year and thus met the threshold for FMLA eligibility, the court’s discussion of hours worked could have broader wage-and-hour implications for other types of employers. 

To read this blog post click here