Pennsylvania's Supreme Court has held that time your employer requires you to spend on the premises β waiting for and going through mandatory security screening β is paid work time under Pennsylvania law, even though federal law says otherwise.
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For years, warehouse employers relied on a federal rule that time spent in security screenings before or after a shift doesn't have to be paid. The Pennsylvania Supreme Court β answering questions from a federal appeals court in a case brought by Pennsylvania warehouse workers β held that Pennsylvania law is broader than federal law: under the Pennsylvania Minimum Wage Act, all time an employee is required to be on the employer's premises counts as hours worked. That includes waiting for and undergoing mandatory security screening.
What that means in plain English: if your employer makes you be there β in the screening line, at the bag check, walking from the security checkpoint to your time clock β those minutes are work time under Pennsylvania law. If they push your week past 40 hours, they are unpaid overtime. The key word is required: time you choose to spend on site for your own convenience doesn't count, but time the company demands does.
Federal law (through the Portal-to-Portal Act) excludes many "preliminary" activities from paid time, and the U.S. Supreme Court applied that to warehouse security screenings in 2014. Pennsylvania never adopted those exclusions. And the Pennsylvania Supreme Court went one step further: there is no "de minimis" exception under Pennsylvania law. Employers can't ignore your time just because it's "only" a few minutes β every required minute, every shift, must be paid.
Ten to fifteen unpaid minutes per shift sounds small. Across a year of five-day weeks it's 40 to 65 hours of unpaid time β and if you already work 40-hour weeks, those are overtime hours. Pennsylvania's warehouse corridors β the Lehigh Valley, the I-78/I-81 belt, greater Philadelphia and Pittsburgh β run on exactly these shift patterns.
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Pennsylvania Minimum Wage Act claims reach back three years β a full extra year of back pay compared to a standard federal claim.
Pennsylvania rejects the federal "de minimis" rule. Even a few minutes per shift must be paid β and at overtime rates when you're over 40 hours.
On a successful claim, Pennsylvania law makes the employer pay costs and reasonable attorney fees. And where parts of your case are also covered by federal law β like required gear-up time or timeclock rounding β those hours can qualify for double damages.
Because these pay practices come from a single facility-wide policy β one screening process, one building layout, one time-clock system β they affect entire workforces the same way. That is why they are often pursued as class or collective cases rather than one worker at a time.
Get an estimate of what you're owed in just 60 seconds. This calculator is based on federal FLSA laws and includes liquidated damages (double your unpaid wages).
Paul leads every case personally β strategy, negotiations, and courtroom work. Outside Texas and Florida, he appears by pro hac vice admission (the standard court permission that lets an out-of-state attorney litigate your case) and works alongside local counsel who handle state-specific procedure. This is how national wage-and-hour cases are litigated everywhere β your case is never simply referred out.
Tell us about your shift β where the unpaid minutes are, and how often. We'll tell you what Pennsylvania law says. No obligation.
Paul M. Botros β Employment & wage law attorney. 15+ years focused on unpaid wages: thousands of workers helped, millions recovered. Licensed in Texas and Florida, handling wage cases in federal courts nationwide. When you submit this form, it comes directly to me.
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