Wage and Hour3 min read

Unpaid Wait for Security Screening or Putting On Required Gear: Is It Hours Worked?

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Warehouse worker waiting in a line at an employee security checkpoint: Unpaid Security Screening and Gear Time

At a glance

Unpaid Wait for Security Screening or Putting On Required Gear: Is It Hours Worked?: key takeaways

A visual summary of this post's main points. Read the article for context and limits.

  • Key point 1

    The Portal-to-Portal Act excludes time spent waiting for or going through security screening that is not part of your job duties, so many bag checks are unpaid

  • Key point 2

    Putting on and taking off protective gear that is integral and indispensable to your work can be paid time, unless a union contract excludes clothes-changing time

  • Key point 3

    Time spent on the clock, such as waiting for a mandatory meeting or an assigned task after you swipe in, is still hours worked

Many workers lose minutes before the shift even starts. They wait in line for a bag check, remove their belt and badge at a metal detector, or change into a uniform, helmet or protective suit before they are allowed to clock in. The answer to whether that time must be paid is not always yes, and it is not always no. It depends on what the time is for and what your job actually requires.

In this article
  1. The Portal-to-Portal Act Rule
  2. Gear and Clothes-Changing Time
  3. Common Situations
  4. Check Your State Law
  5. A Simple Example
  6. How to Document It
  7. Do Not Be Pushed to Skip the Clock
  8. Time Limits
  9. Free Case Review

Key takeaways

  • The Portal-to-Portal Act excludes time spent waiting for or going through security screening that is not part of your job duties, so many bag checks are unpaid

  • Putting on and taking off protective gear that is integral and indispensable to your work can be paid time, unless a union contract excludes clothes-changing time

  • Time spent on the clock, such as waiting for a mandatory meeting or an assigned task after you swipe in, is still hours worked

  • Notes on what happened, how long it took and who required it can show whether the time was part of the job

The Portal-to-Portal Act Rule

The Portal-to-Portal Act, 29 U.S.C. 254 says an employer does not have to pay for time spent before or after the workday on activities that are "preliminary" or "postliminary" to your principal job duties. Under 29 CFR 790.8, the question is whether an activity is part of a principal activity or integral and indispensable to it. In 2014 the U.S. Supreme Court applied this to warehouse workers who waited up to 25 minutes for anti-theft screening, and held that the screening was not integral to their job of retrieving and packaging products, so the wait was not paid time under federal law.

Gear and Clothes-Changing Time

Putting on and taking off special gear can be different. When the gear is required by the job and the work cannot be done safely or properly without it, such as protective equipment in a plant, the time can be part of the workday. Under 29 U.S.C. 203(o), though, a union contract or custom can exclude time spent changing clothes or washing at the start or end of the shift. Ordinary street clothes you wear home and a uniform you could change into at home are usually not counted.

Common Situations

  • Bag and badge checks

    Waiting to be searched on the way out is usually unpaid under federal law when the check is for the employer's security, though some states and contracts give more protection.

  • Required protective gear

    Suiting up in gear the employer requires for safety or sanitation can be paid when it is integral to the work.

  • Waiting after you swipe in

    Once you have clocked in, or once your first principal activity begins, waiting for an assignment, a meeting or a tool is hours worked.

  • Walking between stations

    Walking from the time clock to your work area is generally unpaid, but walking between tasks after the workday has started is paid.

  • Pre-shift tasks

    Handing off a radio, counting a cash drawer or reading a required log is work, and it should be on the clock.

Check Your State Law

Some states set a broader standard than federal law and require pay for all time you are under the employer's control, including mandatory security checks. Union contracts can also add pay. A federal answer of no does not always mean there is no claim, so state rules are worth checking.

A Simple Example

Suppose you are paid $17 an hour and spend 20 minutes each shift putting on required protective gear and waiting for a safety briefing before the clock starts, for 5 shifts a week. That is 100 minutes, or about 1.67 hours, a week. If the time is hours worked and it puts you past 40 hours, it is owed at one and one-half times your rate, or $25.50 an hour, which is about $42.50 a week. Over 20 weeks that is about $850. Your actual numbers depend on your state, your pay rate and the facts of your job.

How to Document It

  • Write down the sequence

    Note each step between arriving and clocking in, with times and who required it.

  • Time the wait

    Record how long the line or the gear process takes on a normal day and a busy day.

  • Save policies

    Handbooks, safety rules and posted notices that require gear or screening help show it is part of the job. See our guide on <a href="/blogs/employer-has-no-time-records-or-refuses-pay-records-flsa-recordkeeping-and-proof-of-hours" class="text-primary underline">proving hours when records are missing</a>.

  • Compare to pay stubs

    Match your notes against paid hours and check for the pattern described in our guide on <a href="/blogs/time-clock-rounding-shaved-minutes-flsa-rules-and-back-pay" class="text-primary underline">time clock rounding</a>.

Do Not Be Pushed to Skip the Clock

If a supervisor tells you to clock in only after the gear is on, keep your own notes and do not alter any record. Asking whether the time is paid is protected, and retaliation for a wage complaint is illegal. See our guides on off-the-clock work, overtime pay and recovering unpaid wages.

Time Limits

The FLSA generally allows 2 years to bring a claim, or 3 years for willful violations, and state law may allow more. Small daily amounts add up, so it helps to act while the records are still available.

Free Case Review

Whether pre-shift screening or gear time is owed depends on your job, your state and your contract. Our team can review your situation at no cost, if you are eligible.

Do I get paid for waiting in a security line before clocking in?

Under federal law, time spent waiting for or going through security screening that is not part of your principal job duties is generally not paid. Some state laws and union contracts are more generous, so the answer can differ where you live.

Is putting on a required uniform or safety gear paid time?

It can be when the gear is integral to doing the job, for example protective equipment the work cannot be done without. A union contract can exclude clothes-changing time, and ordinary uniforms you can put on at home are usually not paid.

What if I am already clocked in while I wait?

Time after your workday has started, including waiting for an assignment, a briefing or a tool, is hours worked and must be paid.

Primary Sources