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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 local working time requirements under the New York City Fair Work Practices ordinances.
Updated to reflect forthcoming local overtime requirements under the New York City Fair Work Practices ordinances.
Updated to include a forthcoming amendment regarding rest breaks.
Updated to reflect testing provisions in the West Virginia Safer Workplace Act, effective July 7, 2017.
Updated to reflect new working time requirements under the Seattle Secure Scheduling Ordinance, effective July 1, 2017.
Updated to reflect expanded protections for breastfeeding employees in Nevada, effective July 1, 2017.
Nevada employers with 50 or more employees should consider including this model policy statement in their handbook to demonstrate compliance with the Nevada law requiring that employers provide reasonable break time and appropriate locations for employees to express breast milk.
HR guidance on complying with the FLSA hours worked requirements.