Determine if an Activity Counts as Hours Worked Under the FLSA
When to Use This Workflow
Use the Determine if an Activity Counts as Hours Worked Under the FLSA workflow to determine whether a nonexempt employee's activity counts as hours worked under the Fair Labor Standards Act (FLSA).
An employer may be faced with the decision of how to properly determine whether employee activities count as "hours worked" under the FLSA when employees engage in activities like traveling, eating meals or taking break periods, training, "donning and doffing" safety gear, or even undergoing alternative dispute resolution or medical testing.
Paying employees for all hours worked can help reduce the risk of FLSA-related penalties, lawsuits or enforcement actions.
- Decide which category the activity falls under
- Is the travel commuting from home to work and back?
- Is the break period in question a meal break or a rest break?