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Hours worked: Federal

This guide helps HR professionals determine what counts as compensable working time under the Fair Labor Standards Act (FLSA), including rules governing break periods, off‑the‑clock work, travel time, waiting and on‑call time, training, and other pay‑related working time issues.

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by Cheryl D. Orr, Faegre Drinker Biddle & Reath LLP

Summary

This guide helps HR professionals determine what counts as compensable working time under the Fair Labor Standards Act (FLSA), including break periods, on-call time and more.

In this guide, learn about:

  • Hours worked
    • Vacation pay, sick leave and holidays
    • Employer coverage
    • Interplay of federal, state and local laws
  • Off‑the‑clock work
  • De minimis time and rounding
  • Break periods
    • Meal breaks
    • Rest breaks
    • Breastfeeding breaks
  • Waiting time and on‑call time
    • Waiting time
    • On‑call time
  • Travel time
    • Commuting time
    • Other travel
    • Work performed while traveling
  • Training, lectures and meetings
    • Apprenticeship programs
    • Remedial education
    • Preemployment training
  • Sleeping
  • Preliminary and postliminary
    • Donning and doffing
    • Clothes‑changing or washing under a CBA
  • Show‑up time/reporting time
  • Day of rest
  • Miscellaneous working time
    • Employees who work at home or reside at their employer’s premises
    • Dispute resolution
    • Medical attention
    • Civic or charitable work
    • Daylight savings
    • Testing
  • Poster requirements
  • Future developments
  • State requirements
    • Your preferred states

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Jurisdiction: Federal

Latest updates

Updated to reflect information on a federal appeals court’s ruling regarding rounding.

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About the author

Faegre Drinker Biddle & Reath LLP

Faegre Drinker Biddle & Reath is an international law firm headquartered in the United States with locations from coast to coast and in the United Kingdom and China. They have a broad range of practice areas and support various industries such as financial services, technology and health and life sciences.

Faegre Drinker has an extensive labor and employment practice that helps employers manage the employment relationship and comply with labor and employment laws and regulations. Their areas of expertise include HR and compliance, litigation, immigration and global mobility, labor relations and workforce safety.

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