What is considered waiting time under FLSA?

“Waiting time” for purposes of FLSA minimum wage and overtime calculations* is time spent by a employees lawfully not performing the work for which they were hired but still subject to the direction of their employer or constraints of their job.

Is waiting to be engaged compensable time?

Waiting time spent by an employee shall be considered as working time if waiting is considered an integral part of his work or if the employee is required or engaged by an employer to wait. Hence, his waiting time is considered compensable work time.

What does engaged to wait mean?

Engaged to Wait is time spent primarily for the benefit of the employer, and how much restraint is placed on an employee who is waiting. Let’s look at a few examples to get a better picture. A receptionist who reads a book while waiting for the next call.

How long does Prevailing Wage Determination take 2021?

2021. The average processing times for PWD requests were 152 days (based on DOL data) and 177 days (non-DOL data).

Is waiting time paid?

Determining whether waiting time counts as hours worked under the Fair Labor Standards Act (FLSA) depends on the particular circumstances. If the circumstances show an employee was engaged to wait, the employee must be paid for his or her time.

What is compensable time?

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.

What does engaged job mean?

As defined by Gallup, an employee is engaged at work if they “are involved in, enthusiastic about and committed to their work and workplace”. Having highly engaged employees doesn’t necessarily mean that you have high attendance at company events or that most team members engage in conversation during staff meetings.

How long is wage determination?

In order to file the PERM application, it is necessary to obtain a prevailing wage determination (PWD) from the DOL. This establishes the appropriate minimum wage level required for the position. Wage determinations take approximately five months, as of this writing.

How do you calculate on-call pay?

On-call pay is calculated at a rate of one hour for every 12 hours that an employee is on-call (maximum of 24 hours), rounded to the nearest two decimal points. If an employee works during the on-call period, then the hours that the employee works is deducted from the on-call hours for which the employee is on-call.

When is waiting time considered to be work time?

Whether waiting time is hours worked under the Act depends upon the particular circumstances. Generally, the facts may show that the employee was engaged to wait (which is work time) or the facts may show that the employee was waiting to be engaged (which is not work time).

When is time spent waiting is hours worked under the FLSA?

Whether time your employee spends waiting is hours worked under the FLSA depends upon the circumstances. If the circumstances indicate that your employee is engaged to wait, your employee is considered to be on duty, and the time is hours worked.

When does an employer pay a waiting time penalty?

The waiting time penalty is assessed only when an employer willfully fails to pay an employee in accordance with Labor Code Sections 201, 201.5, 202, or 202.5, any wages of an employee who quits or is discharged.

Is there a waiting time penalty for DLSE?

Yes, you are entitled to the waiting time penalty in the amount of 10 days’ wages. The waiting time penalty is assessed only when an employer willfully fails to pay in accordance with Labor Code Sections 201, 201.5, 202, or 202.5, any wages of an employee who quits or is discharged.