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Appeals court revives wage claims over unpaid wait at grocery chain - Business Insurance Skip to content Register for free Search Search Log In Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2026 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2026 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2026 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2026 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Appeals court revives wage claims over unpaid wait at grocery chain by Gavin Souter Emerging Risks , Employment Practices Oct 15, 2026 A federal appeals court on Tuesday revived wage claims against supermarket chain Lidl brought by a former employee who alleged she was required to arrive early for opening shifts but was not paid for time spent waiting for managers to unlock the stores. Sandra Santos, a clerk and stocker at two Lidl grocery stores in West Babylon, New York, alleged the company required her to arrive at 4:45 a.m. for shifts scheduled to begin at 5 a.m. About once a week, managers did not arrive until 5 a.m., preventing her from entering the stores and accessing the time clocks, according to Sandra Santos v. Lidl, decided by the 2nd U.S. Circuit Court of Appeals. Ms. Santos sought unpaid wages, including overtime where applicable, under the Fair Labor Standards Act and New York Labor Law. She sought to pursue the claims on behalf of similarly situated employees. A federal district court dismissed the claims, holding that the waiting time was a preliminary activity excluded from compensation under the Portal-to-Portal Act. The federal law generally excludes ordinary commuting and certain activities before or after an employee’s principal work duties from compensable time. Ms. Santos argued on appeal that Lidl had engaged her to wait by requiring her to report at a specific time while preventing her from beginning work. Lidl argued that employees could use the waiting time for personal activities and that the periods were too brief and infrequent to require compensation. The appeals court’s majority concluded that Ms. Santos plausibly alleged compensable waiting time because she was required to report ready to work but could not begin for reasons beyond her control. It also declined to find, based on the complaint alone, that 15 minutes of unpaid time a week was too insignificant to support her claims. One judge dissented, concluding that the wait was a preliminary activity that was not integral and indispensable to her grocery store duties. 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