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 additional information from US Citizenship and Immigration Services.
Updated to reflect the Chicago Fair Workweek Ordinance, effective July 1, 2020.
Updated to reflect amendments to the Virginia Human Rights Act regarding lactation accommodations, effective July 1, 2020; and to reflect the forthcoming Tennessee Pregnant Workers Fairness Act.
Updated to reflect information on a DOL Field Assistance Bulletin regarding child labor.
This checklist may be used to identify some of the most common wage and hour compliance challenges involving remote workers.
Updated to reflect the repeal of the rest break requirements for minors in Indiana, effective April 1, 2020.
HR guidance on complying with the FLSA hours worked requirements.