Many Pennsylvania employees spend significant time inside their employer’s facility before and after they clock in. For example, employees often walk from the facility’s entrance to a locker room or work area, retrieve protective gear, wait in line for a security screening, or pass through a metal detector.
The question is simple: Is that time compensable?
Under the Pennsylvania Minimum Wage Act (PMWA), the answer is often yes.
The PMWA Requires Pay for All Time on the Employer’s Premises
The Pennsylvania Minimum Wage Act defines “hours worked” broadly. Pennsylvania regulations provide that employees must be paid for all time during which an employee is required by the employer to be on the employer’s premises.
This is critical. Unlike federal law, the PMWA does not limit compensable time only to activities that are “integral and indispensable” to an employee’s principal job duties. Instead, Pennsylvania law focuses on whether the employee is required to be on the employer’s premises.
If the employer requires employees to walk through the facility to a designated time clock, retrieve required equipment, and/or pass through a mandatory security screening, that time may qualify as compensable hours worked under Pennsylvania law.
Unpaid Walking Time Inside the Facility
In many workplaces, including warehouses, hospitals, manufacturing plants, and food processing facilities, employees must:
- Enter the building.
- Walk a substantial distance inside the facility.
- Retrieve required gear or tools.
- Then clock in at a designated time clock located at their department.
If employees are required to be inside the facility and walking to their assigned work location before they are permitted to clock in, that time may be compensable under the PMWA.
The same is often true at the end of the day when employees:
- Clock out.
- Walk back through the facility.
- Return equipment.
- Exit through a required checkpoint.
Mandatory Security Screenings
Security screening time is another common issue.
Employees in retail warehouses, distribution centers, and manufacturing plants are often required to:
- Wait in line to pass through metal detectors.
- Submit to bag checks.
- Undergo security verification before leaving.
If employees are not free to leave and must undergo these screenings as a condition of employment, that time may qualify as compensable time under Pennsylvania law.
Even short periods of a few minutes per shift can add up to substantial unpaid wages over weeks, months, or years.
Why This Matters
Unpaid walking and security time frequently:
- Push employees over 40 hours per week (triggering overtime requirements).
- Result in off-the-clock work violations.
- Affect entire departments or facilities.
Because the PMWA’s definition of hours worked is broader than federal law, Pennsylvania employees may have viable claims even where federal claims fail.
Potential Claims Under Pennsylvania Law:
Employees may be entitled to recover:
- Unpaid straight-time.
- Unpaid overtime.
- Liquidated damages.
- Attorneys’ fees and costs.
Wage claims can often be brought as class actions under Pennsylvania law, allowing groups of employees to recover unpaid wages collectively.
If You Have Questions About Unpaid Walking or Security Time
If you are required to be inside your employer’s facility before or after your scheduled shift without pay, you may have a claim under Pennsylvania law.
Wood Legal represents employees in wage and hour matters throughout Pennsylvania. If you believe you are not being paid for all required time on your employer’s premises, contact us to discuss your situation.
