When a company and a union agree on a workplace practice, should this practice be treated under the law the same as a practice that a company unilaterally imposes on employees in a non-union workplace? Suppose, for example, that a company and a union agree that time spent on certain preparatory work at the beginning of the shift will not be paid. (In exchange, perhaps the union secures a higher hourly rate, or more generous leave benefits.) In deciding whether the preparatory time nonetheless must be compensated under wage and hour laws, should any weight be given to the fact that the union agreed to nonpayment? More generally, should laws regulating pay and other terms and conditions of employment apply identically to union and non-union workplaces?
