Federal guidance clarifies paid work time, raises questions for Target workers
The Department of Labor's Fact Sheet Number 22 explains how federal law defines hours worked and what time employers must count and pay under the Fair Labor Standards Act, clarifying issues that matter to Target employees and other retail workers. The guidance highlights that short rest breaks are paid, bona fide meal breaks can be unpaid if employees are fully relieved of duties, and certain pre shift and post shift activities may be compensable, which can affect payroll, scheduling, and liability for unpaid wages.
The Department of Labor's Fact Sheet Number 22 sets out core principles for what constitutes compensable work time under the Fair Labor Standards Act, guidance that is frequently used in wage and hour litigation and by employers reviewing internal policies. For Target employees, the guidance underscores that time an employer knows about or permits is work time that must be counted and paid, meaning managers and stores that expect or allow work before or after scheduled shifts face potential wage obligations.
The fact sheet identifies several common examples relevant to retail settings. Short rest breaks, typically 20 minutes or less, are considered paid time. Meal breaks generally may be unpaid only when they are bona fide, usually 30 minutes or more, and the employee is completely relieved of all work duties. Activities that precede or follow a shift, and travel or preliminary and postliminary tasks, require a case by case analysis to determine compensability. Practical scenarios include meetings and trainings, time spent on call, travel related to work, walking from an entry point to an assigned workstation, and mandatory security screenings.
For Target workers this guidance can affect how time for opening and closing duties is recorded, whether mandatory security checks before leaving are treated as compensable, and how the company accounts for brief breaks and meal periods. The guidance also matters for employees who have raised unpaid pre shift or post shift time concerns, and for managers responsible for timekeeping and scheduling.
The immediate impact for workers can include eligibility for back pay claims when employers did not count compensable time, and greater leverage in workplace conversations about scheduling and paid breaks. For employers, the guidance reinforces the need to train supervisors on what time must be recorded and to audit policies that could leave stores exposed to liability.
Employees who believe time they worked was not counted should document schedules and duties, raise the issue with store management or human resources, and consider seeking clarification from federal wage and hour authorities if internal review does not resolve the concern.
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