Work Time

All time spent by an employee performing activities which are job-related is potentially "work time." This includes the employee's regular "on the clock" work time, plus "off the clock" time spent performing job-related activities (which benefit the employer). If an employer knows the employee is doing work (or could have found out by looking), and lets the employee do it, the employer will be responsible for paying for the work time.

With only a few exceptions, all time an employee is required to be at the premises of the employer is work time. All regular shift time is work time. This includes most "breaks" (if there are breaks), and "nonproductive" time (for example, time spent by a call center employee waiting for the phone to ring). In addition, all time spent by an employee performing work-related activities that the employer permits is work time, whether on premises or not and whether "required" or not. Work done "at home" or at a place other than the normal work site is work, and the time must be counted. "Voluntary" work is work, and the time must be counted. "Unauthorized" or "unapproved" work is work and must be counted (provided that the employer knows or should know it is being done and permits the employee to do it). The employer is charged with controlling the work of its employees. If an employer does not wish an employee to perform work, it must prohibit the employee from doing so if it does not wish to pay for that work. An employer may not accept the benefit(s) of work performed by its nonexempt employees without counting the time in computing the employee's pay.

While all actual work time must be counted, only actual work time must be counted. Therefore hours where an employee is not working do not count as work time, even if the employees is paid for them. For example, leave time (paid time off such as vacation, holiday, and sick time) and meal time are not considered as work time. In addition to leave time and meal periods, other potential "time not worked" may include some travel time, and sleep time.