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
A ruling in favor of the employees "creates the potential for significant and completely unanticipated financial liability for thousands of employers throughout the United States who either use security screening themselves or who have employees who must otherwise undergo such screening," according to groups representing employers.
This XpertHR podcast features a look at the increased use by employers of biometrics to help manage employees. A pair of experts examine the benefits and risks of this technology.
As mandated by the District of Columbia Office of Human Rights, all District of Columbia employers must post the District of Columbia Breastfeeding in the Workplace Poster.
As mandated by the Hawaii Department of Labor and Industrial Relations, Hawaii employers must post the Hawaii Breastfeeding in the Workplace Notice Poster.
Items such as flame-retardant jackets, hardhats and work gloves that are both designed and used to cover the body and are commonly regarded as articles of dress count as clothes under the Fair Labor Standards Act (FLSA), the Supreme Court ruled in Sandifer v. United States Steel Corp.
The Hours Worked > Clothes-Changing or Washing Under a CBA section of the Employment Law Manual now includes information about what constitutes "clothes" under Section 203(o) of the Fair Labor Standards Act.
The Fair Labor Standards Act (FLSA) requires employers to pay nonexempt employees the minimum wage for all hours worked and to pay overtime for all hours worked over 40 in a workweek. This section assists HR professionals in determining whether employees need to be paid for break periods, waiting time, on-call time, travel time and pre- and post-shift activities.
Multistate employers face the challenge of complying with not only federal laws, but also differing state and local laws. This section highlights some of the states' differences in terms of preemployment testing and background checks, noncompetition and nonsolicitation agreements, and discrimination, pay and leave rules.
As mandated by the Alaska Department of Labor and Workforce Development, employers of covered employees must post the Summary of Alaska Wage and Hour Act poster.
Employees of the uniform services provider had alleged that the company's policy of rounding their punch-in and punch-out times to the nearest 15 minutes, combined with its strict attendance policy in which employees are disciplined for punching in more than five minutes late, resulted in employees being underpaid by 30 to 40 minutes per pay period.
HR guidance on complying with the FLSA hours worked requirements.