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Waiting Time and On-Call Time
Updated to reflect information on a Court of Appeals ruling regarding de minimis time.
Updated to reflect amendments regarding rest breaks, effective March 27, 2020.
Updated to reflect amendments to the New Jersey Law Against Discrimination regarding breastfeeding employees, effective January 8, 2018.
Use this 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).
Enhanced with information about the day of rest law.
Updated to reflect testing provisions in the West Virginia Safer Workplace Act, effective July 7, 2017.
HR guidance on complying with the FLSA requirements for employee waiting time and on-call time.