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Workers Not Paid for Time in Transit to Job Not Ordered by Employer
Description Appeals court held that an employer did not have to compensate workers for time spent in transit from their parking lot through security and a ride on a bus provided by security for work at an airport. Since the security was not under the employer’s control, it was not responsible for that time.
Topic Labor Law
Key Words

Fair Labor Standards Act; Time in Transit

C A S E   S U M M A R Y

Workers hired by Baker Concrete to work on construction at the Miami airport sued, contending that under the Fair Labor Standards Act they should have been compensated for time spent being transported from the employee parking area to the construction site. Airport security required the workers to pass through a security gate and ride in an authorized vehicle to the site. Workers were paid when they were at the site, but believed that, under the Portal-to-Portal Act, they should have been paid for time spent going through security and riding the approved buses. The trial court held for the employer. Workers appealed.


Affirmed. Under the Fair Labor Standards Act, the workers were not due compensation for time spent being transported to the construction site. The Portal-to-Portal Act exempts certain activities from compensation, including time spent getting to work. The security requirement was imposed by the airport authority, not by the employer, so time spent going through security screening was not the responsibility of the employer.

Citation Bonilla v. Baker Concrete Construction, 487 F.3d 1340 (11th Cir., 2007)

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