Overview: Fair Labor Standards Act (FLSA) regulations require employers to pay nonexempt employees at least the minimum wage for all hours worked. Usually, it's fairly simple to determine what counts as working hours. If an employee is at a desk filling out paperwork or on an assembly line manufacturing goods, then that time obviously counts as hours worked.
But there are many situations in which it is not quite so simple to figure out whether time counts as hours worked. What if an employee is taking a rest break, with her feet up on her desk? What if an employee is on call and must be ready to return to the office with little notice? What if an employee is traveling to a sales meeting in another city? What if an employee is attending a training session in the office? The answer: under the FLSA, it depends on the circumstances.
Trends: One of the most frequently litigated issues under the FLSA is whether activities that employees perform before and after a shift (known as preliminary and postlminary activities) are compensable. Meat- and poultry-processing companies are a frequent target of lawsuits alleging that employees should be paid for activities such as putting on protective gear before a shift, but these arguments could be extended to a variety of industries.
Author: Michael Cardman, Legal Editor
Updated to reflect forthcoming working time provisions in the West Virginia Safer Workplace Act.
Updated to reflect information on a court ruling clarifying the day of rest law.
Updated to reflect a new law clarifying the compensability of preliminary and postliminary activities, effective April 5, 2017.
The US Supreme Court will wait to hear a trio of mandatory arbitration cases involving class action waivers in employment until its next term, which does not begin until October. The delay makes it more likely that Supreme Court nominee Neal Gorsuch, if confirmed, will be in a position to cast a possible decisive vote.
Updated to reflect a new law exempting domestic employees from the state's day of rest law, effective January 1, 2017.
In a landmark California case, a San Diego restaurant owner has been sentenced to two years in jail for promising wages to immigrant workers but paying them only in tips. This marks the first criminal conviction under the state's toughened wage theft law.
HR guidance on complying with the FLSA hours worked requirements.