Time worked may not be the same in the eyes of the employer and the eyes of
the law. Completely idle employees may be due compensation when certain demands
are made of their time.
Under the Fair Labor Standards Act (FLSA), employers must pay covered
employees for all work time plus premium pay for all overtime hours worked.
Work time includes all time spent in the service of the employer, whether
on or away from the employer's premises. In most situations, it is obvious that
the employee is providing services to the employer, but there are some
situations which are not that clear.
If you require an employee to be at specific location at a specific time to
be ready to work, the waiting period is still considered work time under FLSA
even if the employee is completely idle. Based on a Supreme Court decision, work
time includes "all the time during which an employee is necessarily
required to be on the employer's premises, on duty or at a prescribed
workplace."
An example would be requiring your employees to arrive 15 minutes before
their starting time. That 15 minutes would be work time even though the
employees performed no service for the county. The fact that they are required
to be there puts them under the control of the employer and thus that period
comes under the definition of work time.
If employees voluntarily arrive at the work site early, drink coffee and
socialize, it is not time worked. Voluntarily arriving at the job location early
does not create a work time situation as long as no work is performed. If,
however, employees voluntarily arrive at the work site early and voluntarily
begin work, it is viewed as work time. The standard is whether the employer knew
or had reason to believe work was performed. The stance of the Department of
Labor on this issue is that the employer cannot sit back and accept the benefits
of the situation without compensating for it. If you do not want to recognize
this time as work time, it is your responsibility to take active steps to
control it. A policy forbidding such work is not sufficient to relieve the
employer of responsibility - active steps must be taken to enforce the rule.
"On call" time may or may not be work time depending on how
restrictive the on call status is. Generally, on call time is not work time if
the employee is reasonably free to use the time effectively for his own
purposes. If the employee is required carry a beeper, or to leave a phone number
where he may be reached, but still is able to go to dinner, visit friends, go to
the movies and engage in other similar personal activities, the time is not work
time. If, however, the employee is required to stay at home near the phone, or
if the time required to report if called in a very short period, the employee's
freedom to pursue his own interests is extremely limited and the on-call time
would be viewed as work time.
Bona fide meal periods are not work time. To qualify as a meal period, the
employee has to be free from all duty for a reasonable period of time for the
purpose of eating regular meals. Usually, a period of 30 minutes or more is long
enough for a bona fide meal period. If the employee is required to remain at his
desk, greet customers, answer phones, or perform any other service for the
employer, then the meal period is time worked. Even if the employee voluntarily
performs any services for the employer and the employer knows about it, the time
is still time worked.
Rest periods or breaks of short duration (less than 20 minutes), even though
not required by law, are considered work time and must be compensated.