Walking time on an employer’s premises is compensable work regardless of industry custom

Evidence

But the time necessarily spent by the employees in walking to work on the employer’s premises, following the punching of the time clocks, was working time within the scope of 3 7 (a). … It follows that the time spent in walking to work on the employer’s premises, after the time clocks were punched, involved “physical or mental exertion (whether burdensome or not) controlled or required by the employer and pursued necessarily and primarily for the benefit of the employer and his business.” Tennessee Coal Co. v. Muscoda Local, 321 U.S. 590, 598; Jewell Rige 29g. v. Local, 325 U.S. 161, 164-166. Work of that character must be included in the statutory workweek and compensated accordingly, regardless of contrary custom or contract. — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 2237

Categorization

• XREF: connects to: Preliminary activities belong in negotiated wage rates, not stopwatch litigation — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 2280