[0] http://www.nytimes.com/2014/12/10/business/supreme-court-rul...
[0] http://www.nytimes.com/2014/12/10/business/supreme-court-rul...
It's even part of our culture to take pride in doing bad (immoral) things because it's within the law but is for some supposedly greater good. A particular example of that would be quite a lot of episodes of Law & Order.
"But people may purposely do things to slow down the pre-task and make money doing their non-task."
Then fire them for being laggards or figure out what is wrong with your process.
In 1802, SCOTUS would rule 9-0 in favor of slavery, because the law was clear. SCOTUS fixes incoherent law, not morally wrong law.
Also I'm not sure how a meeting for work could be considered non-work, it is again time out of your life that you are doing a task to meet the needs of the company, thus you should be paid for it.
If your company does client work, but doesn't bill meetings to the client, that's their prerogative, but I as an employee should by contract be paid for the work I am doing for my employer. If it's in my contract that I should do meetings without being paid, then I'm probably an idiot for signing that contract.
For salaried work, I don't think it should matter if you show up anytime within 1 hour of the start of business so long as no one is relying on you to be there (e.g. for a meeting or to work hand-in-hand with you).
There are lots of things associated with a job that people have to do besides the work itself. I shower in the morning. I get dressed. I commute to work. Those aren't compensated.
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:
(a) Except as provided in subsection (b) [which covers work compensable by
contract or custom], no employer shall be subject to any liability or
punishment under the Fair Labor Standards Act of 1938, as amended, ... on
account of the failure of such employer ... to pay an employee overtime
compensation, for or on account of any of the following activities of such
employee engaged in on or after the date of the enactment of this Act—
(1) walking, riding, or traveling to and from the actual place of
performance of the principal activity or activities which such
employee is employed to perform, and
(2) activities which are preliminary to or postliminary to said
principal activity or activities, “which occur either prior to the
time on any particular workday at which such employee commences, or
subsequent to the time on any particular workday at which he ceases,
such principal activity or activities.
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.http://ir.uiowa.edu/cgi/viewcontent.cgi?article=1011&context...