What is Considered Paid Work Time?
There is often some confusion among workers as to which activities are considered “work” for which they must be paid, as opposed to activities for which the employer has no legal obligation to pay the employee. “Work time” is considered any activity that is controlled by and benefits the employer, hence why it needs to be paid time. Not only does this include “on-the-clock” work time, but it also includes any “off-the-clock” time which you spend performing job-related activities.
The time you spend performing work-related activities that the employer permits is work time, whether on your employer’s premises or not, is considered payable work time. Work done “at home” or at a place other than the normal work site is work, and the time must be counted as work time for which you are paid. “Voluntary” work is work, and the time must be counted. If your employer is aware that you are working “off-the-clock” it is his or her responsibility to keep track of the hours you spend working and pay you accordingly.
Federal law does not require lunch or coffee breaks. However, when employers do offer short breaks (usually lasting about 5 to 20 minutes), federal law considers the breaks as compensable work hours that would be included in the sum of hours worked during the workweek and considered in determining if overtime was worked. Bona fide meal periods (typically 30 minutes or more) generally are not considered or compensated as work time.
While all actual work time must be counted, only actual work time must be counted. This means that hours where you are not working do not count as work time, even if you are paid for them. For example, leave time (paid time off such as vacation, holiday, and sick time) and meal time are not considered work time. In addition to leave time and meal periods, other potential “time not worked” may include some travel or sleep time and the time you spend washing up or changing clothes before or after work.
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Courtesy of Workplace Fairness. For more information regarding the article, visit http://www.workplacefairness.org/work-time
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