Compensable Work Chart with Explanation

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Multi-State
Control #:
US-03095BG
Format:
Word; 
Rich Text
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Description Compensable Application

The Fair Labor Standards Act (FLSA) is also known as the Wage and Hour Act. With some exceptions, this Act requires a minimum wage and the payment of overtime after 40 hours of work per week. Payment of overtime is to be 1-1/2 times the regular hourly rate. But what constitutes work? This form provides a chart and information as to what constitutes compensable time under the FLSA.
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Compensable Hours Chart FAQ

Company management must exercise control over employees to ensure that work is not performed off the clock.For example, a supervisor can now text or email an employee 24/7. If the employee is expected to answer, they must be paid for their time in reviewing and responding to the message.

While there is no bright-line rule as to how much time is or is not de minimis, many courts have held that less than ten minutes of working time is de minimis.

Work that is off the clock is any work done for an employer which isn't compensated and not counted towards a worker's weekly hours for overtime purposes.Suffered work means the employee engages in work that isn't requested, but allowed, such as working extra, unpaid hours in order to help colleagues.

If such control is unreasonable, the on-call time is compensable.Under the FLSA, periods during which an employee is completely relieved from duty and that are long enough to enable him to use the time effectively for his own purposes are not hours worked.

So, in order to calculate the amount of money a non-exempt employee should receive, an employer must determine the number of hours of work or "compensable time." Compensable time or working time is defined as any time the employer permits or allows an employee to perform the activity.

FLSA Overtime: Covered nonexempt employees must receive overtime pay for hours worked over 40 per workweek (any fixed and regularly recurring period of 168 hours seven consecutive 24-hour periods) at a rate not less than one and one-half times the regular rate of pay.

What hours are supposed to be paid? So called Compensable Hours include all time during which an a) employee is required to be on duty, to be at employer's premises or prescribed place or b) all time during which an employee is suffered or permitted to work.

In general, "hours worked" includes all time an employee must be on duty, or on the employer's premises or at any other prescribed place of work. Also included is any additional time the employee is allowed (i.e., suffered or permitted) to work.

The court noted that compensable time in California includes the time during which an employee is subject to the control of an employer, and includes all the time the employee is suffered or permitted to work, whether or not required to do so. Time is compensable when an employee is working or under the control of

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Compensable Work Chart with Explanation