• In Villarino et al. v. Pacesetter Personnel Service, Inc., time spent waiting at a temporary-labor agency’s location to then travel in agency-provided transportation to a jobsite was not compensable because the activities were not integral and indispensable to the workers’ primary duties covered by the Portal-to-Portal Act.
• Similarly, time spent collecting and returning agency-provided tools to the agency also was not compensable because the employer’s tools were not indispensable to the workers’ duties.
• The 11th Circuit, which has jurisdiction over federal courts in Alabama, Florida, and Georgia, found the agency was entitled to deduct from the workers’ pay the cost of the transportation it provided because the transportation was a service for the benefit of employees, not the employer.

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The U.S. Court of Appeals for the Eleventh Circuit has ruled that a temporary labor agency was not required to pay workers for the time they spent in employer-provided transit from the labor hall where they picked up work assignments or the time spent waiting for that transit. Villarino et al. v. Pacesetter Personnel Service, Inc., No. 23-10645 (Dec. 5, 2025). The agency also did not have to compensate workers for the time they spent collecting and returning employer-provided tools to the labor hall. The appeals court concluded these duties were not integral and indispensable to the workers’ principal activities and, therefore, the time spent engaged in these activities was not...

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