What the Fair Labor Standards Act Says About Hours Worked

If you’re paid hourly, you’ve probably checked your hours before payday to ensure your pay adds up. But how do you know your employer is counting those hours correctly?

Under the Fair Labor Standards Act (FLSA), a federal law that governs wages and working hours, most employees in the U.S. must be paid at least the federal minimum wage. And if you work more than 40 hours a week, you’re usually entitled to overtime pay at 1.5 times your regular rate.

But before any of that happens, it’s critical to determine exactly how many hours you worked, and that’s where things can get complicated.

What Counts as “Work Time” Under the FLSA

Under the FLSA, “work time” is defined broadly. If your employer “suffers or permits” you to work, those hours typically count, even if they didn’t directly ask you to do it.

That means you may be entitled to pay if you:

• Stay late to finish a task
• Start work early, even voluntarily
• Keep working after clocking out
• Handle calls, emails, or other tasks when not on the clock

If you’re performing work and your employer allows it — even silently — that time likely qualifies as paid work hours.

Waiting Time

Whether or not waiting time counts as paid work depends on the situation. If waiting is part of your job duties, then it’s compensable.

Examples of paid waiting time:

• A receptionist reading while waiting for a task
• A firefighter between calls at the station

However, if you're on standby but free to use your time as you wish, like staying home and running errands, it may not count as work time unless your freedom is significantly restricted.

On-Call Time

If you're on call at the job site, you're working, plain and simple. If you're on call away from the worksite, that time usually isn’t paid unless:

• You're required to respond immediately
• You're restricted from using your time freely
• Your on-call duties interfere with personal activities

Rest and Meal Breaks

This one sparks a lot of debate, but the FLSA provides clear guidance:

• Rest breaks under 20 minutes must be paid
• Meal breaks over 30 minutes can be unpaid, but only if you're fully relieved of all duties

If you're eating lunch at your desk while answering emails or fielding calls, that still counts as work time that must be paid.

Sleeping on the Job

• If your shift is less than 24 hours, and you're allowed to sleep during downtime, you're still considered on the clock.
• If you're working a shift 24 hours or longer, your employer may deduct up to 8 hours of sleep time — but only if:
• You have an agreement in place to deduct up to 8 hours of sleep
• No more than the actual time you sleep is deducted
• An adequate place to sleep is provided
• You get at least five uninterrupted hours of rest
• You're not called to work throughout the night

If your sleep is regularly interrupted while on the job, all of those hours must be counted and paid. For live-in workers, employers also have to meet certain requirements regarding the sleeping facilities they provide.

Training, Lectures, and Meetings

You do not need to be paid for attending if all of the following are true:

• It occurs outside your normal working hours
• Attendance is completely voluntary
• It’s not directly related to your current job
• You perform no productive work during the session

If any of those conditions aren’t met, that time must be compensated.

Travel Time

• Normal commute (home to work): Not paid
• Travel between job sites during the day: Paid
• One-day trips to another city: Paid (minus your normal commute time), if the travel is during your usual work hours
• Overnight travel during your usual work hours, including weekends: Paid

Travel outside your normal hours may not be paid, but travel during work hours always counts. 

Common Ways Employers Underpay Workers

Many employers, intentionally or not, underpay employees by failing to count all hours worked. Here are some common mistakes that can lead to wage violations:

• Lunch breaks where you’re still answering calls or emails
• Downtime between tasks or waiting for the next assignment
• Off-the-clock prep, like getting ready for your shift
• After-hours tasks, like responding to emails, texts, or calls from home

You must be paid if you’re working, even for a few minutes.

Talk to a Morgan & Morgan Employment Attorney

If your employer isn’t paying you for all the time you’ve worked, and they’re not fixing the issue, don’t stay silent.

At Morgan & Morgan, we have an army of labor and employment lawyers who might be able to fight for you. Please contact us today to get started with a free case review.

This blog post is based on fact sheets from the U.S. Department of Labor and is for informational purposes only.