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
Use this workflow to determine whether a nonexempt employee's activity counts as hours worked under the Fair Labor Standards Act (FLSA).
In-depth review of the spectrum of Maryland employment law requirements HR must follow with respect to overtime.
With plaintiffs filing thousands of Fair Labor Standards Act lawsuits each year and the government stepping up its enforcement efforts, it has never been more important for an employer to ensure it is properly paying its employees for each hour worked. Our latest Liveflo workflow walks employers through the types of activities that are addressed in the FLSA statute, regulations and case law, including break periods, travel, training 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.
In-depth review of the spectrum of Minnesota employment law requirements HR must follow with respect to Hours Worked.
In-depth review of the spectrum of Wisconsin employment law requirements HR must follow with respect to recordkeeping for employee compensation purposes.
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.
HR guidance on complying with the FLSA hours worked requirements.