Home to Work on a Special One Day Assignment in Another City:Īn employee who regularly works at a fixed location in one city is given a special one day assignment in another city and returns home the same day. Home to Work Travel:Īn employee who travels from home before the regular workday and returns to his/her home at the end of the workday is engaged in ordinary home to work travel, which is not work time.
The principles which apply in determining whether time spent in travel is compensable time depends upon the kind of travel involved. Lectures, Meetings and Training Programs:Īttendance at lectures, meetings, training programs and similar activities need not be counted as working time only if four criteria are met, namely: it is outside normal hours, it is voluntary, not job related, and no other work is concurrently performed. No reduction is permitted unless at least 5 hours of sleep is taken. An employee required to be on duty for 24 hours or more may agree with the employer to exclude from hours worked bona fide regularly scheduled sleeping periods of not more than 8 hours, provided adequate sleeping facilities are furnished by the employer and the employee can usually enjoy an uninterrupted night's sleep. Sleeping Time and Certain Other Activities:Īn employee who is required to be on duty for less than 24 hours is working even though he/she is permitted to sleep or engage in other personal activities when not busy. The employee is not relieved if he/she is required to perform any duties, whether active or inactive, while eating. The employee must be completely relieved from duty for the purpose of eating regular meals. Bona fide meal periods (typically 30 minutes or more) generally need not be compensated as work time. Unauthorized extensions of authorized work breaks need not be counted as hours worked when the employer has expressly and unambiguously communicated to the employee that the authorized break may only last for a specific length of time, that any extension of the break is contrary to the employer's rules, and any extension of the break will be punished.
These short periods must be counted as hours worked. Rest periods of short duration, usually 20 minutes or less, are common in industry (and promote the efficiency of the employee) and are customarily paid for as working time. Additional constraints on the employee's freedom could require this time to be compensated. These employees have been "engaged to wait." On-Call Time:Īn employee who is required to remain on call on the employer's premises is working while "on call." An employee who is required to remain on call at home, or who is allowed to leave a message where he/she can be reached, is not working (in most cases) while on call. For example, a secretary who reads a book while waiting for dictation or a fireman who plays checkers while waiting for an alarm is working during such periods of inactivity. Generally, the facts may show that the employee was engaged to wait (which is work time) or the facts may show that the employee was waiting to be engaged (which is not work time). Whether waiting time is hours worked under the Act depends upon the particular circumstances.
The hours are work time and are compensable. For example, an employee may voluntarily continue to work at the end of the shift to finish an assigned task or to correct errors. Application of PrinciplesĮmployees "Suffered or Permitted" to work: Work not requested but suffered or permitted to be performed is work time that must be paid for by the employer. The workday may therefore be longer than the employee's scheduled shift, hours, tour of duty, or production line time. "Workday", in general, means the period between the time on any particular day when such employee commences his/her "principal activity" and the time on that day at which he/she ceases such principal activity or activities. Definition of "Employ"īy statutory definition the term "employ" includes "to suffer or permit to work." The workweek ordinarily includes all time during which an employee is necessarily required to be on the employer's premises, on duty or at a prescribed work place. The amount employees should receive cannot be determined without knowing the number of hours worked. The Act requires that employees must receive at least the minimum wage and may not be employed for more than 40 hours in a week without receiving at least one and one-half times their regular rates of pay for the overtime hours. This fact sheet provides general information concerning what constitutes compensable time under the FLSA.
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