Written by Laurent Badoux and Christiana L. Signs

In a much anticipated decision this week, the Supreme Court held that activities that occur before or after a work shift are not compensable unless they are “intrinsic” to employees’ principal work duties. The decision restored a measure of predictability regarding the scope of compensability for pre- and post-shift activities, and came just in time for the holiday season. Employers who have geared up for a busy season by hiring temporary employees now have a certain level of comfort knowing that most pre- and post-shift activities will likely not be considered work time. However, the authors of this GT Alert suggest that employers remain mindful that not all pre- and post-shift activities are necessarily excluded from compensation, and that any potential exclusions should be carefully evaluated with assistance from legal counsel.

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