Nearly 80 years after Congress passed the Portal-to-Portal Act, when the workday begins and ends remains a common legal fight. The statute was supposed to settle a relatively narrow question — whether time spent getting to and from work counts as compensable work — but in practice, it set up a multi-decade debate about preliminary, postliminary, and “integral and indispensable” activities that continues to generate seven- and eight-figure exposure for employers. 

Common allegations in wage and hour disputes include pre- and post-shift activities such as donning personal protective equipment (“PPE”), security screenings, computer boot time, and time spent walking through large facilities.  

The Portal-to-Portal Act 

The Portal-to-Portal Act of 1947 (29 U.S.C. §§ 251-262) amended the Fair Labor Standards Act (“FLSA”) in response to post WW2 litigation following the Supreme Court’s decision in Anderson v. Mt. Clemens Pottery Co., 328 U.S. 680 (1946). In Mt. Clemens the Court held workers were entitled to compensation for time spent walking from time clocks to their workstations, leading to large numbers of claims. Congress acted by passing the Portal-to-Portal Act. 

Under the Act, employers were not required to pay employees for: 

Travel to and from the place of performance of the principal activity (i.e., the ordinary commute and routine pre/post-shift movement on premises); and 

Activities that are “preliminary” or “postliminary” to the principal activity the employee is hired to perform. 

The important limitation, including limitations developed through case law, was that activities are compensable if they are “integral and indispensable” to the principal job duties. Work spent on activities such as closing/locking down retail locations on closing and exit, or time spent heading to gather shift or location required gear or equipment, likely could not be considered off-the-clock due to being integral or indispensable to the work performed during the shift.. 

How California Treats Pre-Shift and Post-Shift Time 

California (and many other states) has expanded beyond FLSA’s definitions of what starts or ends a shift, making the state a worker friendly jurisdiction for off-the-clock claims: In California, employers face liability for pre-shift and post-shift activities that would be non-compensable under the FLSA, including security screenings, mandatory check-ins, and small but recurring increments of unpaid time. The Private Attorney General Act of California adds civil penalties stackable per pay period and per employee, allowing employees to recover penalties and multiple times the missing wages. 

How Washington Treats Pre-Shift and Post-Shift Time 

Washington’s framework, like California’s, is more protective than the FLSA in important respects. The Washington Minimum Wage Act (“MWA”) defines compensable “hours worked” broadly. Washington defines “hours worked” to include all hours during which the employee is authorized or required by the employer to be on duty on the employer’s premises or at a prescribed workplace. Washington also imposes strict meal and rest break rules under WAC 296-126-092. 

Other Recent Cases, Settlements, and Enforcement Actions 

Portal-to-Portal and similar state hourly claims continue to drive significant recoveries for employees. 

DOL Wage and Hour Division In April 2026 the DOL Wage and Hour Division (WHD) reported  recovery of approximately $63,645 in back wages for eight workers at an Austin, Texas restaurant, and a $95,095 recovery from a restaurant franchisee operating in North and South Carolina that paid 33 cooks straight time for hours over 40 and labeled wages as bonuses to skew the regular rate. 

Washington L&I and Boeing (2024) Following an investigation, L&I publicly announced a back-wage recovery in the millions related to Boeing’s pay practices. The settlement preceded and is now being cited as context for the Lara-Trespalacios class action. [ADD LINK TO BOEING PAGE ONCE APPROVED] 

District of Columbia AG enforcement In April 2026, the D.C. Attorney General office announced a $526,973 settlement including roughly $260,000 for 70+ restaurant workers and $197,614 in penalties to the District. In February 2026, the DC Superior Court entered judgment against another restaurant for over $1.75 million, including treble damages for unpaid wages, sick leave, and retaliation. Tip-credit and minimum-wage allegations factored into these settlement and judgements, according to the Attorney General office. 

Minnesota AG and Construction Wage Theft In late April 2026, Minnesota subcontractors settled wage-theft allegations involving 26 workers across 19 public projects following a multi-year audit by the Minnesota Department of Labor and Industry that initially sought approximately $2.4 million in back wages and liquidated damages. 

Private Class Actions Workers continue to file proposed class actions based on alleged unpaid time, using both federal law and state and local laws for damage claims 

If you were an hourly employee and you were not paid for all the time spent travelling to security checks, and the time spent in the security checks before being able to leave a work premises, time spent donning-and-doffing, or have other concerns you were working off-the-clock, you may have unpaid time due to you. Our firm represents employees in wage-and-hour and workplace rights matters in many states, and works with local counsel in others. To discuss with a free legal consultation, please contact Schneider Wallace at info@schneiderwallace.com.