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 information on a Connecticut Supreme Court ruling limiting the use of the fluctuating workweek method of calculating overtime.
Updated to reflect forthcoming working time requirements under the employee work scheduling law.
Enhanced statement with information relating to employees' rights during rest breaks.
Updated to reflect information on a Washington Supreme Court ruling clarifying employer liability for meal break violations.
This podcast features an in-depth look at one of the most notable workplace trends of 2017, the growth of predictive scheduling measures, with Littler shareholder Bruce Sarchet.
Updated to reflect forthcoming San Francisco law regarding lactation accommodation.
Enhanced with information about the day of rest law.
HR guidance on complying with the FLSA hours worked requirements.