What Counts as Working Hours Under Federal Labor Standards
Ever had to come in 15 minutes early to set up, or stay late to clean up, and not get paid for it? That’s “off-the-clock” work, and it’s one of the most common FLSA violations. Under the Fair Labor Standards Act, working hours include every minute an employee is “suffered or permitted” to work, whether or not the employer requested it.
That covers off-the-clock prep, post-shift cleanup, mandatory meetings, required training, waiting time, restricted on-call time, and travel between job sites — and all of it must be paid.
The FLSA “Suffered or Permitted” Standard
The Department of Labor frames working time broadly. Under 29 CFR 785.11, work is considered suffered or permitted whenever the employer knows, or has reason to know, that the employee is continuing to perform duties. Even if the employer didn’t ask for the work, the time is compensable.
The rule applies whether the work happens:
- Before the scheduled shift starts.
- During an unpaid meal break.
- After the shift ends.
- At home, if the employer knew or should have known.
If the employer benefits from the activity, the employee must be paid for it.
Activities That Must Be Paid
Several categories regularly cause disputes. Each is treated as working time under federal labor standards.
Pre-Shift and Post-Shift Activities
Time spent preparing tools, booting up required software, putting on required protective gear, or performing setup that benefits the employer is paid work. The same applies to post-shift cleanup, equipment shutdown, and required hand-off reports.
Example: A technician who spends 15 minutes before each shift calibrating equipment is owed for that time. At $20/hour, 15 minutes daily equals $5 per day, or $25 per week. Across a 50-week year, that’s $1,250 in unpaid wages if improperly excluded.
Donning and Doffing PPE
Putting on and taking off personal protective equipment counts as paid time when the activity is integral and indispensable to the principal work activity. This was reinforced by the Supreme Court in Steiner v. Mitchell and IBP v. Alvarez.
Mandatory Meetings and Training
Required meetings, safety briefings, and training sessions are paid working time when:
- Attendance is required by the employer.
- The training is directly related to the employee’s job.
- The employee performs productive work during the session.
Outside training can be unpaid only if it’s voluntary, occurs outside regular hours, isn’t directly job-related, and involves no productive work.
Actually, I had a client who worked at a hospital and was required to attend monthly training sessions after her shift ended. She wasn’t being paid for those sessions, but they were mandatory and directly related to her job. After filing a complaint, she got back pay for several years of unpaid training time.
Waiting Time
Whether waiting time is paid depends on whether the employee is “engaged to wait” or “waiting to be engaged.”
- Engaged to wait: Paid. The employee is on duty, even if idle. Example: a receptionist waiting for customers.
- Waiting to be engaged: Not paid. The employee is completely free to leave and use the time as they wish. Example: a worker called back to handle a specific emergency, then released.
On-Call Time
On-call time is paid when the employee’s freedom is so restricted that they can’t use the period for personal purposes. Factors include:
- Geographic restrictions that prevent leaving the area.
- Required response time too short for personal use.
- Frequency of calls that disrupt personal activity.
- Whether the employee can trade on-call shifts.
An on-call nurse required to respond within 10 minutes and stay within a 5-mile radius is likely owed pay for the full on-call period.
Travel Time
Home-to-work commute isn’t paid. Travel between job sites during the workday is paid. Travel that’s part of the principal work activity — such as a service technician driving between customer locations — is compensable.
Overnight travel for a one-day assignment in another city is paid for travel time that falls during regular working hours, regardless of the day of the week.
A Pre-Shift Prep Example
Consider a warehouse worker who must arrive 15 minutes early to inspect a forklift and stretch-wrap pallets before clocking in for the scheduled shift.
| Day | Unpaid Prep | Weekly Total |
|---|---|---|
| Monday | 15 min | 15 min |
| Tuesday | 15 min | 30 min |
| Wednesday | 15 min | 45 min |
| Thursday | 15 min | 60 min |
| Friday | 15 min | 75 min (1.25 hours) |
Five days of 15-minute unpaid prep equals 1.25 hours of compensable time per week. At $20/hour, that’s $25 per week, or $1,300 per year. If those hours push the employee over 40 hours, they convert to overtime at 1.5× the regular rate — $30/hour instead of $20.
The De Minimis Doctrine
Employers sometimes cite the de minimis doctrine to avoid paying small increments of working time. The rule allows employers to disregard small amounts of time that can’t be practically tracked.
The Department of Labor takes a narrow view. Time is rarely considered de minimis when:
- The work occurs regularly.
- The increments exceed a few seconds to a few minutes.
- The employer’s timekeeping system can capture the time.
Daily 10-minute pre-shift prep isn’t de minimis. The doctrine doesn’t shield employers from paying recurring working time that benefits the operation.
Recordkeeping Requirements
Under FLSA recordkeeping rules (29 CFR 516.2), employers must maintain accurate records of hours worked each workday and the total each workweek. Inaccurate records don’t eliminate liability — when records are incomplete, courts often rely on the employee’s reasonable reconstruction of hours worked.
Employees should keep their own daily log of start times, end times, and any off-the-clock work. Compare the log against pay stubs and time records at least monthly.
Why This Matters for Pay
Miscalculating working hours has compounding effects. Excluded time may push an employee past the 40-hour overtime threshold, converting straight-time pay to 1.5× pay. A worker denied 5 hours per week of paid prep at $20/hour loses not just $100 in straight wages but potentially $150 in overtime, depending on total hours.
Run your weekly hours through the Work Hours Calculator to confirm what should have been paid, and use the Time Card Calculator to spot discrepancies between your records and the employer’s.
