Employees are now entitled to pay for pre-shift and post-shift activities like Security Screenings and COVID Testing in Maryland

In a significant decision, Maryland’s Highest Court has set a new precedent in wage and hour law, advocating for the rights of hourly workers. The ruling in Mario Ernesto Amayo et al. v. DGS Construction LLC et al. and Juan Carlos Terrones Rojas et al. v. F.R. General Contractors Inc. et al., Nos. 14 and 17, September Term 2021, mandates that employees must be paid for any time controlled by their employer. This includes time spent in activities like waiting and being transported from remote parking lots to worksites, security checks, and COVID testing if mandated by the employer.

 The Court’s Rationale

Non-Incorporation of the Portal-to-Portal Act: Maryland’s wage laws have not adopted the federal Portal-to-Portal Act, which excludes certain types of time from compensable work hours under the Fair Labor Standards Act (FLSA).

Portal-to-Portal Act vs. Maryland Ruling: The Portal-to-Portal Act generally excludes commuting time and preliminary or postliminary activities from compensable time. However, the Maryland ruling diverges from this standard.

 Comparison with Federal Standards:

FLSA and Busk Case: The FLSA, which incorporates the Portal-to-Portal Act, was interpreted in the Supreme Court case Integrity Staffing Solutions, Inc. v. Busk. This ruling found that time spent in security screenings was not compensable as it was not integral to the employees’ principal work duties.

Maryland’s Departure: In contrast, Maryland’s ruling acknowledges that such time, being under employer control, should be compensable.

 Implications for Workers and Employers:

Broadened Scope of Compensable Time: Employees in Maryland are now entitled to compensation for all time during which they are under the control of their employer, regardless of whether these activities are part of their principal work duties.

Potential for Increased Compensation: This ruling could lead to increased wages for hourly workers, particularly those in industries with mandatory security screenings, COVID screenings or other similar requirements.

Responsibilities for Employers: Maryland employers must reevaluate their compensation policies to ensure they comply with this broader interpretation of compensable time.

 National Context and State Comparisons:

States Breaking from Portal-to-Portal Act: Maryland joins other states like California, Colorado, New Jersey, Illinois, and New York in deviating from the Portal-to-Portal Act’s standards.

Examples from Other States:  In California, for instance, time spent in security screenings is considered compensable if under the employer’s control (Frlekin v. Apple, Inc., 258 Cal. Rptr. 3d 302, Cal. 2020).

 Kennedy Law Firm Helps Employees.

 KLF’s Representation of Workers: The Kennedy Law Firm is committed to representing workers who have not been fairly compensated for all their work time.

Contact Information for Legal Support: Workers who believe their employers have failed to compensate them adequately can seek assistance and information at KLF’s dedicated page for unpaid regular pay and overtime.

Contract us for Help.

Are you an hourly worker in Maryland? Have you spent uncompensated time under your employer’s control, whether in security checks, waiting, or transportation mandated by your employer? COVID testing? You may be entitled to compensation for this time. As an advocate for employee rights, I encourage you to reach out to us for guidance and support. Let’s ensure your hard work and time are fairly compensated. Contact us for a free consultation and stand up for your rights.