When it comes to calculating overtime, employees often wonder if time spent on certain activities before or after a scheduled shift should count as “work time.” Understanding what qualifies as compensable time (work time) is crucial for ensuring that you are not shorted on overtime pay.
What Are Pre- and Post-Shift Activities?
Pre-shift activities are tasks employees are required to perform before their official work shift begins. Examples might include logging into computer systems, putting on (donning) uniforms or protective gear, attending mandatory briefings, or preparing equipment. Post-shift activities happen after the official end of a shift and can include cleaning up, removing (doffing) safety equipment, closing out cash registers, or completing required paperwork.
The Fair Labor Standards Act (FLSA)
Under the Fair Labor Standards Act (FLSA), non-exempt employees must be paid for all hours worked, and this includes some pre-shift and post-shift activities. The key consideration is whether the activities are “integral and indispensable” to the employee’s principal work duties. If they are, then the time spent on these tasks is generally considered compensable and should be included when calculating overtime.
The term “principal activity” includes activities “performed as part of the regular work of the employees in the ordinary course of business . . . [the] work is necessary to the business and is performed by the employees, primarily for the benefit of the employer.”
Examples of Compensable Pre-Shift and Post-Shift Activities
- Logging into computer systems
- Donning and doffing required uniforms or safety gear
- Mandatory security screenings
- Setting up or shutting down equipment essential to job duties
- Required attendance at shift meetings or briefings
- Completing necessary paperwork tied directly to the job
Non-Compensable Activities
Activities that are considered “preliminary” or “postliminary” and not integral to the main work usually do not count as work time. For example, changing clothes when not required, socializing before a shift, or commuting to the work site are typically not compensable.
Calculating Overtime
If the total hours worked, including qualifying pre-shift and post-shift activities, exceed 40 in a workweek, employees are generally entitled to overtime pay at one and a half times their regular rate for the hours over 40.
Best Practices for Employees
If you are concerned that the time you spend on work tasks before or after a shift is not being included in your weekly work time, you should:
- Track all time spent on required tasks before and after your shift, especially if these tasks are done prior to clocking in or after clocking out.
- Track the time spent working your shifts for the week.
- Compare your total work time, including any time spent on pre-shift and post-shift tasks, to the hours you are paid for.
- MOST IMPORTANTLY, Understand Your Rights: If you believe you are not being paid for time spent on pre-shift and post-shift tasks, you should get a review as soon as possible because there are strict time deadlines on overtime claims. You can contact The Lore Law Firm for a free confidential review.
