Does an employee need to be paid for down time during his or her shift when there is no work to be performed?

Author: Michael Cardman, XpertHR Legal Editor

Yes, the employee must be compensated unless all of the following requirements are met:

  • The employee is completely relieved from duty;
  • The periods of waiting time are long enough to enable the employee to use the time effectively for his or her own purposes;
  • The employee is definitely told in advance that he or she may leave the job; and
  • The employee is advised of the time that he or she is required to return to work.