What Counts as Hours Worked Under the Fair Labor Standards Act?

Understanding what qualifies as “hours worked” under the Fair Labor Standards Act (FLSA) can be surprisingly complicated. Employers are required to pay you for all the time you spend performing work duties, including situations you might not expect.

In this guide, we will cover the basics of compensable time and clarify some of the most common misconceptions about it.

That way, you’ll know whether you’re truly being paid for all the time you’ve earned — or if your employer is cutting corners and shorting your wages.

That way, you’ll know if you’re being paid fairly or if your employer is cutting corners.  

What “Employ” Means Under the FLSA

Under the FLSA, to "employ" someone means to “suffer or permit to work.” In plain terms, if you're required to be on the job, whether you're actively working or simply waiting, that time could count as hours worked.

The workday includes the time between when you start your principal job activities and when you finish them. Even if your shift technically ends, if you are still performing work-related tasks, that time must be counted and paid.

When Work is “Suffered or Permitted”  

If you continue working beyond your scheduled hours, whether to complete a task, correct a mistake, or provide voluntary assistance, that time still counts as hours worked.

Employers must pay for all hours they allow or require employees to work, even if you willingly volunteer to do the work and/or the work was not officially authorized or documented.

Common Scenarios: What Counts as Hours Worked?

Waiting Time

Whether waiting time counts as work time depends on the situation:

• Engaged to Wait: If you’re required to wait as part of your job duties (for example, waiting for your next task while on the clock), that time must be paid.
• Waiting to Be Engaged: If you're off duty and simply waiting around (such as a receptionist reading a book between tasks without an assignment), that typically does not count as hours worked.

On-Call Time

• If you are required to stay on the employer’s premises or in the immediate vicinity, your on-call time is considered hours worked.
• If you're on call at home and can go about your life freely, it usually is not counted as hours worked, unless the restrictions are so tight that they limit your personal freedom significantly.

Rest and Meal Breaks

• Short breaks (20 minutes or less) must be paid.
• Meal breaks (30 minutes or more) do not have to be paid, but only if you are completely relieved of work duties.
• If you’re answering emails, phones, or otherwise working during your meal break, that time must be paid.

Sleeping Time

• If you're on duty for less than 24 hours and allowed to sleep during downtime, that time is still compensable.
• For shifts 24 hours or longer, up to 8 hours of sleep time can be excluded — but only if you're provided a suitable place to sleep and receive at least 5 hours of uninterrupted sleep.

Lectures, Meetings, and Training

Time spent attending training, meetings, or lectures outside of normal working hours may not be compensable if:

• Attendance is voluntary
• The event is not directly related to your job
• You perform no productive work during the event

However, if attendance is mandatory or job-related, the time must be counted and paid.

Travel Time

Whether travel time counts as hours worked depends on the specific circumstances:

• Home-to-Work Travel: Normal commuting time is not compensable.
• Special Assignment Travel: If your employer sends you out of town for a one-day assignment, your travel time to and from the assignment counts as hours worked, minus your normal commute time.
• Travel During the Workday: Traveling between job sites or work locations during the day is compensable.
• Overnight Travel: If you're traveling overnight for work, travel during your regular working hours counts as paid time, even on weekends or holidays.

Morgan & Morgan Can Help 

Employers sometimes fail to recognize certain hours as compensable work time, which can result in employees losing significant minimum wages and/or overtime compensation over their employment period.

If you suspect your employer isn’t paying you correctly under the FLSA, having your case reviewed by a legal professional is a smart first step.

At Morgan & Morgan, we fight to protect workers' rights and ensure you're compensated for every minute you’ve earned.

That’s where Morgan & Morgan comes in. To get started, please fill out our free case review form. 

This information is based on fact sheets provided by the DOL.