Determine If Waiting, On-Call or Break Time Count as Hours Worked Under the FLSA
When to Use This Flowchart
Use the Determine If Waiting, On-Call or Break Time Counts as Hours Worked Under the FLSA flowchart to determine whether the time that a nonexempt employee spends waiting, on call, on a meal break or on a rest break counts as "hours worked" under the Fair Labor Standards Act (FLSA).
If time spent waiting, on call, on a meal break or on a rest break is "hours worked" under the FLSA, an employer must pay nonexempt employees at least the minimum wage for that time, and the hours must be counted toward any applicable overtime threshold.
Failure to pay employees for all hours worked and for overtime can result in FLSA-related penalties, lawsuits or enforcement actions.
Key Steps
- Decide if the employee is completely relieved from duty
- Decide if the employee is told in advance that he or she may leave
- Decide if the employee is able to use the time effectively for his or her own purposes