work hour considerations

19
Work Hour Considerations Items to Consider When Calculating Work Hours

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Post on 28-Nov-2014

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If you employ nonexempt workers, knowing when you need to pay them for items including rest periods, meal times, training time and on-call time is not always clear. This presentations straightens out the gray areas for you.

TRANSCRIPT

Page 1: Work Hour Considerations

Work Hour

Considerations

Items to Consider When

Calculating Work Hours

Page 2: Work Hour Considerations

What is Compensable Time?

Page 3: Work Hour Considerations

All Hours Worked by Nonexempt Employees

is Compensable Time & Must Be Paid.

A nonexempt employee is one protected by the Fair Labor Standards Act (FLSA), which specifies

minimum wage, overtime rules and record-keeping requirements.

Page 4: Work Hour Considerations

But What About…

Meal Periods

Page 5: Work Hour Considerations

But What About…

Meal Periods

Rest Periods

Page 6: Work Hour Considerations

But What About…

Meal Periods

Rest Periods

On-Call Time

Page 7: Work Hour Considerations

But What About…

Meal Periods

Rest Periods

On-Call Time

Sleep Time

Page 8: Work Hour Considerations

But What About…

Meal Periods

Rest Periods

On-Call Time

Sleep Time

Waiting Time

Page 9: Work Hour Considerations

But What About…?

Meal Periods

Rest Periods

On-Call Time

Sleep Time

Waiting Time

Meal & Training Time

Page 10: Work Hour Considerations

Meal Time

If an employee is relieved of

all responsibilities during a

meal period, then that time is

not compensable.

Page 11: Work Hour Considerations

Rest Periods

Rest periods must be

compensated. They

are typically 20

minutes or less.

Page 12: Work Hour Considerations

On-Call Time

If an employee…

Is required to be on the employer’s premises =

must be paid.

Simply needs to be available = not considered working.

Has to carry a cell phone & stay within distance =

generally not considered working.

Page 13: Work Hour Considerations

If employees are on shifts less than 24 hours = must be paid for all time, even if

sleeping, eating, etc.

For shifts of 24 hours or more = sleep or meal periods of 8 hours may be excluded, if

agreed upon.

If sleep is interrupted by work = any work time is compensable.

Sleep Time

Page 14: Work Hour Considerations

Wait Time

There are two circumstances for

wait time:

1. “Engaged to be Waiting”

2. “Waiting to be Engaged”

Page 15: Work Hour Considerations

Engaged to Be Waiting

This means that an employee is required to wait for work to begin. This is

compensable time.

Example: A factory worker must wait 10 minutes while a piece of machinery

is repaired.

Page 16: Work Hour Considerations

Waiting to Be Engaged

This is when a worker is freed from all duties for a definite length of time. This is not

work time.

Example: A shipment is running a day late, so a worker responsible for unloading the

shipment doesn’t have to arrive until the next day.

Page 17: Work Hour Considerations

Meeting & Training Time

What You Need to Know:

Generally, attendance at meetings,

seminars and training classes are

considered work time.

However, there are exclusions…

Page 18: Work Hour Considerations

Meeting & Training Time

When is Meeting & Training Time Not Compensable?

• When the event is not within normal working hours.

• When it’s not related to the employee’s job.

• When work isn’t being done while in attendance.

• When it’s voluntary.

Page 19: Work Hour Considerations

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