Time Worked scenarios

Preliminary and Postlaminarly Activities 

Tasks before or after a shift are compensable only if they’re integral and indispensable to the employee’s main work. 

• Compensable (Counts as Work Time): 

• Putting on protective gear required for safety (e.g., in meat processing) 

• Washing up if exposure to hazardous materials makes it necessary 

• Not Compensable (Does Not Count): 

• Putting on standard items like hard hats or ear plugs 

• Optional clothing changes for employee convenience 

Waiting Time 

Under the FLSA, time spent waiting may count as hours worked depending on the situation. 
 
    - Engaged to be waiting: The employee must stay on site and is restricted from personal activities → counts as work time. 
    - Waiting to be engaged: The employee is free to use their time for personal reasons (e.g., being on call at home) → does not count as work time. 

4. Travel Time 

Time spent traveling during normal work hours is considered compensable work time. Time spent in home-to-work travel by an employee in an employer-provided vehicle, or in activities performed by an employee that are incidental to the use of the vehicle for commuting, generally is not "hours worked" and, therefore, does not have to be paid. This provision applies only if the travel is within the normal commuting area for the employer's business and the use of the vehicle is subject to an agreement between the employer and the employee or the employee's representative.

5. Training, Meetings, and Seminars 

Attendance at meetings or training is work time unless all four of these apply: 
 
    1. It occurs outside normal working hours. 
    2. It’s voluntary. 
    3. It’s not directly job-related. 
    4. The employee performs no productive work. 

6. Call-Back and Show-Up Pay 

Pay given when employees are called back after a shift or sent home early is not automatically hours worked under federal law. However, always confirm state laws, as some require minimum reporting pay. 

7. Remedial Education Exception 

An employer may schedule up to 10 additional hours per week (beyond 40) for remedial education—without paying overtime—if: 
    - The education is employer-sponsored, 
    - It’s not job-specific training, and 
    - It helps employees build basic skills (e.g., literacy, math). 

References 

• Fair Labor Standards Act (FLSA): https://www.dol.gov/agencies/whd/flsa 

• 29 CFR Part 785 – Hours Worked: https://www.ecfr.gov/current/title-29/subtitle-B/chapter-V/part-785 

• Portal-to-Portal Act of 1947: https://uscode.house.gov/view.xhtml?path=/prelim@title29/chapter8/section254&edition=prelim