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
The charts provide state-by-state information on breastfeeding breaks and meal and rest breaks, including details about which employees are eligible for breaks, any exemptions that are available, the duration of the breaks, the statutory or regulatory basis for the requirements, and more
Nineteen states and the District of Columbia have their own requirements relating to break periods for employees to breastfeed or express milk for a nursing child. This Quick Reference chart details eligibility considerations; duration, timing and frequency of the breaks; whether employees must be paid during the breaks; and other provisions.
This Quick Reference chart provides details about state meal and rest break requirements, including information about which employees are entitled to a break, the required duration of the breaks, and available exemptions.
In-depth review of the spectrum of Missouri employment law requirements HR must follow with respect to hours worked.
XpertHR's Retail Resource Center for HR helps retail employers handle their most vexing employment issues by bringing relevant resources together in one place for easy access.
New Hampshire Protective Legislation Law poster is required by all employers.
XpertHR's High-Tech Resource Center for HR: Wage and Hour helps high-tech employers handle their most challenging employment issues by bringing relevant resources together in one place for easy access.
If Congress and the White House do not reach a deal on the sequestration,employers with federal contracts should be prepared to take immediate action to deal with drastic cuts in government spending that will result. Federal contractors should anticipate how the sequestration will directly affect their workplace with respect to complying with Worker Adjustment and Retraining Notification (WARN) Act, wage and hour requirements, benefits and immigration status as well as unions and collective bargaining agreement issues. Employers should also expect possible lawsuits from workers laid off due to spending cuts.
The Supreme Court has agreed to hear Sandifer v. United States Steel Corp. and resolve a split in the circuits over what types of clothes-changing may be excluded from working time under section 203(o) of the Fair Labor Standards Act (FLSA).
HR guidance on complying with the FLSA hours worked requirements.
Sorry, this feature is not yet available on the preview site