With heightened awareness of security, employees are finding that security procedures are part of their daily activity. But is the time going through security compensable? No, says the Second Circuit Court of Appeals. (Gorman v The Consolidated Edison Corp., May 30, 2007) Employees at a nuclear power station sought compensation for the 10 to 30 minutes per day spent going through security. These employees waited in traffic outside the plant entrance, then had a badge inspection and perhaps an inspection of the car, parked and walked to a command post where they waited in line to go through detectors, then waited in line to swipe their ID badges and to palm a sensor, then went to the locker room to put on safety apparel. Only after all these activities did the employee get to the job site and begin compensable work. The Court held that the security steps are necessary, but are not integral to the principal work activities. So they are "preliminary" and not compensable under the Portal-to-Portal Act.

In a similar case, employees at Miami International Airport were not paid for passing through a security checkpoint and then riding an employer-provided bus to the job site. (Bonilla v. Baker Concrete Construction, Inc., 11th Circuit Court of Appeals, May 30, 2007).