Compensable Time

Besides compensation received, the number of hours worked in a workweek must be known to determine compliance with the FLSA. This can be more complicated than simply consulting timesheets. Questions about compensable time arise because the workday is often punctuated with breaks, periods of downtime, and other activities different from work duties. Conversely, work duties sometimes intrude on time off. It is not always obvious when the workday begins or ends.

There are a few basic principles for determining whether activities are compensable. A starting point is that employers are required to compensate all work that they “suffer or permit.” Claims that employees have contributed work without employers’ knowledge and against their will are rightly viewed with skepticism. This does not mean that employers are expected to be aware of everything that employees do or that employees can simply perform work anywhere or at any time and present their employers with the bill.

Thus, employers are well advised to establish clear procedures for employees to report and request pay for extra work performed. If employers do not want their employees to work extra hours in the first place, they must communicate and enforce policies prohibiting employees from working outside of assigned work hours without prior authorization. For these policies to be genuine, supervisors cannot ignore workers starting work early, staying late, or coming in on scheduled days off.