Re:How Employers Get Out of Paying Their Workers
by chrisbennet on Sunday May 24, 2015 @06:26PM
(#9597870)
A little background on the Portal to Portal history:
Ore miners unions tried to get compensated for the time they were in the mines (passing through the portal). At the time, they were only paid once they reached the rock face deep in the mine - not the 3 to 40 minutes it took to reach the face.
http://ir.uiowa.edu/cgi/viewcontent.cgi?article=1011&context...
The Portal-to-Portal Act was in response to miners suing for back pay the time they spent moving between mines (after Congress enacted laws that made that seem like a winnable case). It was understood and customary that the time was to be unpaid (thus presumably their wages already took that into account).
The relevant portions of the Portal-to-Portal Act (as quoted by the court) are:
So there's an exception for activities which are customarily paid. I am not sure why the court worried that paying these temp workers would go against what the Act was designed to address. Most people would expect a required security screening like this one would be customarily paid time, thus is has to be paid under the law.