Deciding whether after-hours work is de minimis is tricky. When in doubt, it may be best to assume all work is compensable.
What happened?
The federal Customs and Border Protection Service (CBPS) had its enforcement officers launder towels after work hours without pay. The officers sued, saying they should’ve been compensated for the time they spent laundering towels.
The CBPS fought the suit, saying the work was de minimis and therefore wasn’t compensable.
Result
Because the officers’ off-duty activities were limited because they had to sit and monitor washing machines, a court said their activities weren’t de minimis — and they should be paid for their time.
The court said the employees were “engaged to wait” (which is compensable) while the washing machines ran. They weren’t “waiting to be engaged” (not compensable).
It was a costly mistake. The CBPS had to pay nearly $300,000 in OT.
Source: Bull v. U.S.
