Work Hour Considerations
19
Work Hour Considerations Items to Consider When Calculating Work Hours
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If you employ nonexempt workers, knowing when you need to pay them for items including rest periods, meal times, training time and on-call time is not always clear. This presentations straightens out the gray areas for you.
Transcript of Work Hour Considerations
Work Hour
Considerations
Items to Consider When
Calculating Work Hours
What is Compensable Time?
All Hours Worked by Nonexempt Employees
is Compensable Time & Must Be Paid.
A nonexempt employee is one protected by the Fair Labor Standards Act (FLSA), which specifies
minimum wage, overtime rules and record-keeping requirements.
But What About…
Meal Periods
But What About…
Meal Periods
Rest Periods
But What About…
Meal Periods
Rest Periods
On-Call Time
But What About…
Meal Periods
Rest Periods
On-Call Time
Sleep Time
But What About…
Meal Periods
Rest Periods
On-Call Time
Sleep Time
Waiting Time
But What About…?
Meal Periods
Rest Periods
On-Call Time
Sleep Time
Waiting Time
Meal & Training Time
Meal Time
If an employee is relieved of
all responsibilities during a
meal period, then that time is
not compensable.
Rest Periods
Rest periods must be
compensated. They
are typically 20
minutes or less.
On-Call Time
If an employee…
Is required to be on the employer’s premises =
must be paid.
Simply needs to be available = not considered working.
Has to carry a cell phone & stay within distance =
generally not considered working.
If employees are on shifts less than 24 hours = must be paid for all time, even if
sleeping, eating, etc.
For shifts of 24 hours or more = sleep or meal periods of 8 hours may be excluded, if
agreed upon.
If sleep is interrupted by work = any work time is compensable.
Sleep Time
Wait Time
There are two circumstances for
wait time:
1. “Engaged to be Waiting”
2. “Waiting to be Engaged”
Engaged to Be Waiting
This means that an employee is required to wait for work to begin. This is
compensable time.
Example: A factory worker must wait 10 minutes while a piece of machinery
is repaired.
Waiting to Be Engaged
This is when a worker is freed from all duties for a definite length of time. This is not
work time.
Example: A shipment is running a day late, so a worker responsible for unloading the
shipment doesn’t have to arrive until the next day.
Meeting & Training Time
What You Need to Know:
Generally, attendance at meetings,
seminars and training classes are
considered work time.
However, there are exclusions…
Meeting & Training Time
When is Meeting & Training Time Not Compensable?
• When the event is not within normal working hours.
• When it’s not related to the employee’s job.
• When work isn’t being done while in attendance.
• When it’s voluntary.
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