Fill and Sign the Compensable Form

Compensable Work Chart with Explanation  Permitted to work (voluntarily) – Compensable. 1  Apprenticeship Programs – Compensable. 2  Meal Periods and Rest Breaks -- Breaks generally compensable; Meal periods are not. 3  Civic or Charitable Work -- Compensable only if employer requested employee to do it; work is under direction of employer, or work is when employee is required to be on work premises or where employee normally works. 4  Dispute Resolution – Compensable. 5  Physical Exams, Fingerprinting and Drug Testing 6 -- Most likely compensable.  Fingerprinting – Same as Physical exams, etc.  Holidays, Vacation and Sick Time – Not compensable (up to employer). 7  Lectures, Meetings and Training Programs – Not compensable if below 3 conditions are met. 8  Medical Attention – Compensable if at employer’s direction. 9 1 Work not requested but permitted to be performed is work time that must be paid for by the employer. 2 Some employees learn a trade through on-the-job training under the guidance of a skilled journeyman. The time apprentices spend working on the job is hours worked. 3 Rest periods of short duration, usually 20 minutes or less, must be counted as hours worked. Unauthorized extensions of authorized work breaks need not be counted as hours worked. Bona fide meal periods (typically 30 minutes or more) generally need not be compensated as work time. The employee must be completely relieved from duty for the purpose of eating regular meals. The employee is not relieved if he/she is required to perform any duties, whether active or inactive, while eating. 4 Such time should not be confused with bona fide volunteer activities(e.g., employee performs hours of service for civic, charitable or humanitarian reasons, without promise, expectation or receipt of compensation for the services rendered. 5 Time spent in resolving grievances between an employee and an employer, during the employee's scheduled workday is hours worked. 6 After being hired, employers often require their employees to take certain tests as they begin employment or on a periodic basis during their employment, such as physical examinations, fingerprinting and drug testing. Whenever you impose special tests, requirements or conditions that your employee must meet, time he or she spends traveling to and from the tests, waiting for and undergoing these tests, or meeting the requirements is probably hours worked. 7 The FLSA does not require employers to give their employees time off for holidays, vacations, or sick leave - either with or without pay. If you allow your employee to take time off for a holiday, a vacation, or because he or she is sick, the time off, even though the employee is paid for the time, is not hours worked and need not be included in the total hours worked for overtime purposes. 8 Attendance at lectures, meetings, training programs and similar activities need not be counted as working time only if four criteria are met, namely: it is outside normal hours, it is voluntary, not job related, and no other work is concurrently performed. 9 Time spent by your employee seeking medical attention during his or her working hours at your direction or on your premises for work related illness or injuries is hours worked. For example, your employee cuts his or her hand on a machine during working hours and you direct the employee to see the company nurse. The time spent by the  On-Call Time – Sometimes compensable and sometimes not. 10  On Duty and Off Duty Time – See Below. 11  Preliminary Time – N ot compensable. 12  Sleep Time -- See below. 13  Travel Time -- T ime spent traveling during normal work hours is considered work time and employees must be paid for this travel time. Generally, time spent commuting is not work time. employee in waiting for and receiving medical attention from the company nurse is hours worked. However, the FLSA does not require an employer to give an employee paid sick leave. 10 An employee who is required to remain on his or her employer’s premises or so close thereto that he or she cannot use the time effectively for his or her own purposes is working while on-call. Whether hours spent on-call is hours worked is a question of fact to be decided on a case-by-case basis. All on-call time is not hours worked. 11 An employee who is required to remain on his or her employer’s premises or so close thereto that he or she cannot use the time effectively for his or her own purposes is working while on-call. Whether hours spent on-call is hours worked is a question of fact to be decided on a case-by-case basis. All on-call time is not hours worked. 12 Time spent in activities which are preliminary (before your employee begins his or her principal work activities) may or may not be hours worked. Time your employee spends in the following activities would not be hours worked even though it might be time spent on the your premises or another assigned place of duty : Walking, riding, or traveling to and from the actual place where the employee performs the principal activities which he or she is employed to perform would not be hours worked. This is the case whether the employee is on or off your premises or before or after he or she has checked in or out. 13 The FLSA divides its sleep time regulation into two categories: duty periods of less than 24 hours and duty periods of 24 hours or more. Any private employee on duty for less than 24 hours must be paid for time spent sleeping while he's at work. When an employee is on duty for 24 hours or more, the regulations get trickier. He and his employer may agree to exclude regularly scheduled sleeping periods of up to eight hours from his paycheck. There are caveats, however: (i) the employer must provide adequate sleeping facilities that allow an employee to enjoy an uninterrupted night's sleep; and (ii) the employee must be able to get more than five hours of uninterrupted sleep.