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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