August 18, 2021

Preliminary and postliminary activities under the FLSA

Labor and employment partner Ellen Boshkoff authored an article for Indiana Lawyer titled “Preliminary and postliminary activities under the FLSA.”

The article provides background on the FLSA, explaining that the act established minimum wage and overtime compensation standards for hours worked in excess of 40 hours per week, but that the statute left certain critical terms, such as “work,” undefined.

Boshkoff addresses how the FLSA was applied in Chagoya v. City of Chicago. In March 2021, the 7th Circuit ruled that members of the Chicago Police Department’s Special Weapons and Tactics Unit were not entitled to minimum wage or overtime compensation for off-duty time they spent storing their rifles and gear in their homes. Boshkoff highlights that the ruling provided clarification of preliminary and postliminary work activities and the “continuous workday rule” under the FLSA, and that because the 7th Circuit ruled that the pre- and post-work activity was not compensable, it likewise ruled that the employer need not pay for commuting time.

The full article is available for Indiana Lawyer subscribers.


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