The FLSA requires that employees be compensated for all “hours worked.” Hours worked generally consist of all time spent in physical or mental exertion, regardless of the level of difficulty, where the work is controlled or required by the employer primarily for the employer’s benefit.
Time during which an employee is required to be on duty on an employer’s premises obviously qualifies as hours for which an employee is entitled to compensation. Likewise, work performed away from the job site, such as work performed at home, is also considered hours worked. Hours worked include not just time spent at the employer’s request, but also time that the employee is actually working. As a result, hours worked by employees who voluntarily continue to work after their shift ends must be included in overtime calculations. The reason for the longer time is unimportant. It does not matter if the employer granted permission for overtime or not, so long as the employer knew or had reason to know of the extended or “off-the-clock” work time.
Be aware that, as with other wage and hour laws, state laws may differ, and employers are responsible for complying...
Please call us at (312) 960-9400 if this is an error or if you have any questions.