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An employee receives time worked for all time that the employee is required to be on the employer’s place of business, on duty, or at a prescribed work place location. Work that is not requested by the employer but which the employer allows the employee to perform is must be paid by the employer to the employee. For example, an employee may voluntarily continue to work at the end of a given work shift in order to finish a project or to correct errors. The employer is obligated to pay the employee for that time worked.
Here are some common issues that may arise in calculating hours worked:
Waiting Time: If the employer requires the employee to wait for an duty to perform, the employer must pay wages for that time to the employee. On-Call Time: An employee who is required to remain on call on the employer's workplace is considered working while on call and this time is compensable. An employee who is required to remain on call at home is not working on call and this time is not compensable. Rest and Meal Periods: Rest periods of a short duration, usually 20 minutes or less, must be counted as hours worked on the employee's payroll. Bona fide meal periods (typically 30 minutes or more) generally need not be compensated as work time. However, the employee must be completely relieved from performing any work for the purpose of eating regular meals during this time period. Sleeping Time: An employee who is required by the employer to be on duty for less than 24 hours is considered working even though he/she is permitted to sleep or participate in other personal activities when not busy. An employee required by an employer to be on duty for 24 hours or more may mutually agree with the employer to exclude from hours worked bona fide regularly scheduled sleeping periods of not more than 8 hours, provided that adequate sleeping facilities are furnished by the employer and the employee can typically enjoy an uninterrupted night's sleep. No reduction is permitted unless at least 5 hours of sleep is taken by the employee. Lectures, Meetings and Training Programs: Attendance at lectures, meetings, training programs and similar activities are not considered working compensable time, but only if they are outside normal working hours, voluntary, not related to the job, and no other work is performed at the same time. Travel to and from Work: Time spent traveling to work prior to beginning the regular workday and home at the end of the workday is not work time and not compensable. Travel During Work: Time spent by an employee in travel as part of his/her principal activity and duties within the scope of their position, such as travel from one job site to another during the workday, is considered work time. Travel Away from Home: Travel that keeps an employee away from home overnight is travel away from home. Travel away from home is work time when it occurs within the workday of the employee.
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