Overview: The Fair Labor Standards Act (FLSA) requires 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: Many lawsuits have been filed by employees claiming the activities they perform before and after a shift (known as preliminary and postlminary activities) are compensable working time.
Author: Michael Cardman, Legal Editor
Updated to reflect forthcoming amendments to the breastfeeding breaks law.
Updated to reflect forthcoming amendments to the breastfeeding breaks law in Oregon.
A new Colorado law makes it a felony for an employer to fail to pay employee wages. Wage theft has been seen as a significant issue, particularly in the construction industry.
Updated to reflect forthcoming requirements regarding breastfeeding breaks.
As mandated by the New York City Commission on Human Rights, covered employers must adopt the New York City Model Lactation Accommodation Policy, or meet or exceed its requirements.
As recommended by the New York City Commission on Human Rights, covered employers should use the New York City Model Lactation Accommodation Request Form.
Updated to reflect a US Department of Labor (DOL) opinion letter concerning civic or charitable work.
HR guidance on complying with the FLSA hours worked requirements.