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Hours of Work
National Summary
The federal Fair Labor Standards Act (FLSA) requires that employers pay employees a minimum wage for all hours worked and an overtime wage for hours worked over 40 in a week. In general, hours worked for purposes of the FLSA includes all time that employees spend performing activities on their employers’ behalf. Hours worked also includes waiting time, travel time, other than time spent commuting to and from the employee’s regular place of work, breaks or meal periods that are less than 20 minutes long, and time the employee is required to spend in training, at seminars or in meetings. Hours worked for purposes of the FLSA do not include waiting time, time spent on call or time when an employee is required to carry a pager or cell phone, provided the employee is otherwise free to effectively use the time for his or her own personal purposes. The FLSA does not obligate employers to pay employees for holidays, vacation or sick days.
The FLSA requires that employers keep accurate records of hours worked and wages paid. The statute does not limit the number of hours employees may work in a week, except in the case of minors under the age of 16. In addition, individual states may have laws that regulate the payment of wages and overtime, the hours worked by minors, and what constitutes paid work time.
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TypeTitleDateState
95167news.aspxNews ‘Just-in-time’ scheduling policies leave workers guessing about pay, hours 04/02/2014National
80975faqs.aspxQuestions & Answers Can an employer can terminate an employee for refusing to work (or inability to work) the hours required of a position? 10/14/2009National
88384faqs.aspxQuestions & Answers Can we pay nonexempt employees a small salary while they're waiting for an assignment and a higher salary when they're working 12-hour days? 06/21/2011National
83455faqs.aspxQuestions & Answers Can you provide guidance for a policy covering nonexempt employees who check and respond to e-mail outside work hours? 10/04/2010National
2145timesavers.aspxLetters Change from Full-Time to Part-Time  National
80929faqs.aspxQuestions & Answers Do I have to pay a new employee for time spent filling out paperwork before the date of hire? 10/07/2009National
81988faqs.aspxQuestions & Answers Do we have to pay commissioned field adjusters minimum wage for just standing by? 03/30/2010National
89724faqs.aspxQuestions & Answers Do we have to pay hourly employees for attending a company-sponsored event on a weekend? 09/03/2011National
1553timesavers.aspxForms Flexible Work Hours Audit  National
84816timesavers.aspxChecklists Flexible Work Hours Checklist  National
2499timesavers.aspxPolicies Flextime (Standard)  National
16537timesavers.aspxPolicies Hours of Work (Progressive)  National
16535timesavers.aspxPolicies Hours of Work (Standard I)  National
16536timesavers.aspxPolicies Hours of Work (Standard II)  National
16538timesavers.aspxPolicies Hours of Work (Strict)  National
1544timesavers.aspxChecklists Hours of Work Checklist  National
92465faqs.aspxQuestions & Answers I have a question on early clocking-in and meal periods. 10/18/2012National
81846faqs.aspxQuestions & Answers I have a question regarding Full-time/ Parttime status. If an employee is part-time and works 30 to 40 hours a week. Can this employee stay a part-time status or will this employee have to become full-time. Our handbook states full-time employees 03/04/2010National
80757faqs.aspxQuestions & Answers I own a company in New York with about 60 employees. If I have an employee "on call", does that mean I have to pay them for this, or do I actually pay them for the time they worked? Please advise. Thank you 09/16/2009National
87371faqs.aspxQuestions & Answers If we ask a job applicant to come in and "train" for a few hours to see if he's a good fit, do we have to pay him for the time? 05/03/2011National
80665faqs.aspxQuestions & Answers Is it acceptable to mandate a fifty hour workweek for salaried employees? If not, is there a maximum number of hours per week that can be required of a salaried position in an employment contract? 09/02/2009National
83647faqs.aspxQuestions & Answers Is it illegal to schedule Saturday work if employees have child custody visits scheduled on Saturdays? 11/01/2010National
1506timesavers.aspxForms Model Flexible Work Arrangement Application  National
95047news.aspxNews Top 15 employer hours of work violations 03/11/2014National
2897state_comparison_charts.aspxGuidance What is Working Time?  National
1227timesavers.aspxPolicies Working Hours and Time Cards (Standard)  National
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