Continuous Confusion: Defining the Workday in the Modern Economy

[...] the article examines the effect the interpretation might have on another wellestablished carve-outs from working time, the de minimis exception, which applies to activities that take minimal time to perform and would be administratively diffi cult to record. In the short term, the lower courts should follow the reasoning of those decisions that have constrained the continuous workday by holding that noncompensable de minimis activities do not start the workday clock. [...] other pre- and post-shift activities that may qualify as work time should not require compensation for contiguous activities, such as commuting time, as the Portal-to-Portal Act intended to exclude them.