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 revisions to proposed rules that would expand show-up time / reporting time requirements.
After reviewing more than 600 comments, the New York State Department of Labor (NYSDOL) has made several revisions to its November 2017 proposal for expanding the state's show-up time / reporting time requirements.
Year-end is a time typically focused on endings and for HR that means finalizing benefits enrollment, processing performance appraisals and completing payroll filings. But equally important is to prepare for new compliance requirements that will ring in the New Year.
Updated to reflect an amendment to the rest breaks law, effective September 20, 2018.
Effective January 1, 2019, California's breastfeeding breaks law will be amended to prohibit employers from using bathrooms as a location for employees to express milk in private.
Updated to reflect an amendment to the breastfeeding breaks law, effective August 21, 2018.
HR guidance on complying with the FLSA hours worked requirements.