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
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.
An employer may use an employee's time spent volunteering as a factor in calculating whether to pay the employee a bonus, without incurring an obligation to treat that time as hours worked under the Fair Labor Standards Act (FLSA), the US Department of Labor (DOL) reiterated in a new opinion letter.
Updated to reflect amendments to the New York City Human Rights Law involving breastfeeding breaks, effective March 18, 2019.
Updated to reflect the Baltimore lactation ordinance, effective March 13, 2019.
Updated guidance to reflect proposed regulations relating to the Fair Labor Standards Act overtime exemption requirements.
Updated to reflect proposed regulations that would update and revise the Fair Labor Standards Act (FLSA) overtime exemption requirements.
The New York State Department of Labor (NYSDOL) has decided to let its 2017 proposal for expanding the state's show-up time / reporting time requirements expire. However, the NYSDOL has not completely abandoned its intent to regulate employee scheduling, saying it will re-evaluate the issue in the future.
HR guidance on complying with the FLSA hours worked requirements.