If you’ve ever asked, “Do I have to pay employees for travel time, waiting time, or pre-shift prep?” — the Portal-to-Portal Act of 1947 is the law that answers those questions.
This Act amended the Fair Labor Standards Act (FLSA) and sets the rules for what kinds of time on the job are paid work hours and what counts as non-compensable activities.
Quick history & who enforces it
The Portal-to-Portal Act was passed in 1947 after a wave of lawsuits threatened to overwhelm employers with massive back pay liability. Congress clarified which activities must be compensated and which do not count as hours worked.
The law is enforced by the U.S. Department of Labor’s Wage and Hour Division (WHD), and employees can also bring private lawsuits under the FLSA.
What the Portal-to-Portal Act covers
The Act lays out which activities are compensable work time and which are excluded from pay obligations under the FLSA.
Compensable (paid) time includes:
- Principal activities – The main work an employee is hired to perform.
- Activities integral and indispensable to principal work – e.g., putting on safety gear, sanitizing tools, booting up a required computer system.
- Certain travel during the workday – Travel between job sites or client visits once the workday has started.
- Work performed before or after scheduled hours – If an employer knows or should know it’s happening.
Non-compensable (unpaid) time includes:
- Commuting to and from work – Ordinary home-to-work travel.
- Preliminary or postliminary activities – Tasks before or after the main work that are not integral, like changing clothes (unless specialized gear is required) or walking from the parking lot to the workstation.
- Waiting time before the workday begins – Unless the employee is required to be “on duty” or can’t use the time effectively for their own purposes.
What the Portal-to-Portal Act doesn’t cover
It’s important to know the limits:
- The Act doesn’t change minimum wage or overtime rules under the FLSA.
- It doesn’t govern meal or rest breaks.
- It doesn’t eliminate pay for all pre- and post-shift activities — only those not integral to the job.
- It doesn’t affect other laws like OSHA, Title VII, or state wage and hour rules.
Penalties for noncompliance
Violating the Portal-to-Portal Act falls under FLSA enforcement. Employers may face:
- Back pay for unpaid compensable hours
- Liquidated damages doubling the amount owed
- Civil penalties for willful or repeated violations
- Attorney’s fees and costs if employees sue and win
Common mistakes employers make
- Not paying for required prep time (like donning/doffing protective gear).
- Ignoring short pre- or post-shift tasks that add up over time.
- Failing to pay for travel between worksites during the day.
- Assuming “off-the-clock” work doesn’t need to be tracked.
- Auto-deducting meal periods when employees actually work through them.
How to stay compliant with the Portal-to-Portal Act
- Audit job roles – Identify any pre- or post-shift activities that are integral to the job.
- Review timekeeping policies – Make sure all work time is captured, even outside scheduled shifts.
- Clarify travel pay rules – Train supervisors on when travel is compensable.
- Update policies – Put commuting vs. work travel, prep tasks, and off-the-clock work rules in writing.
- Train managers – Supervisors should never encourage employees to “volunteer” time off the clock.
- Watch state laws – Some states have stricter definitions of compensable time.