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
Vermont employers seeking to show their compliance and support for Vermont law which requires that employers provide unpaid break time and reasonable locations for employees to express breast milk should consider including this model policy statement in a Vermont supplement.
Vermont employers seeking to educate supervisors about the need to provide reasonable break opportunities, to inform employees about their rights with regard to using bathroom facilities during work and to demonstrate compliance with Vermont law should consider including this model policy statement in their handbook.
Colorado employers seeking to show compliance and support for the Colorado law requiring that employers provide unpaid break time and private locations for employees to express breast milk should consider including this model policy statement in their handbook.
With wage theft claims ensnaring an increasing number of US employers, XpertHR Legal Editor Michael Cardman discusses this troubling trend and steps well-intentioned employers can take to avoid a lawsuit in the latest XpertHR podcast.
Massachusetts retail employers that have fewer than eight employees and seek to inform employees, including supervisors, about employees' right to refuse to work on certain holidays and the entitlement to premium pay for holiday work should consider including this model policy statement in their handbook.
Massachusetts retail employers that have more than seven employees and seek to inform employees, including supervisors, about employees' right to refuse to work on certain holidays and the entitlement to premium pay for holiday work should consider including this model policy statement in their handbook.
New regulations proposed recently by the West Virginia Division of Labor are expected to establish new definitions for what counts as working time under the state's minimum wage and overtime laws. These definitions differ from the federal Fair Labor Standards Act (FLSA) in a wide range of areas, including pre- and post-shift activities, training time, and break periods.
The Supreme Court's ruling in Integrity Staffing Solutions, Inc. v. Busk sets a significant new standard: Just because an employer requires its employees to perform an activity or benefits from them performing an activity does not necessarily mean that they must be paid for that activity.
Eleven sections of the Employment Law Manual have been updated to reflect the recent passage of two new ordinances in San Francisco that, once signed by the city's mayor, would establish significant new rules for chain stores.
New ordinances awaiting the mayor's signature would, among other things, require certain businesses to offer any additional hours of work available to current part-time employees before hiring new employees or using subcontractors or a temporary services or staffing agency to do work.
HR guidance on complying with the FLSA hours worked requirements.