Question 1

What is the FLSA definition of 'hours worked'?

Accepted Answer

Under the FLSA, 'hours worked' includes all time an employee is required to be on the employer's premises, on duty, or at a prescribed workplace, plus any additional time the employee is 'suffered or permitted' to work. This definition comes from DOL Fact Sheet #22 and 29 CFR Part 785. The practical implication is broad: if you know or should know an employee is working, that time counts, even if it was not scheduled or requested. Your timekeeping system needs to capture all of it, not just scheduled shifts. FLSA hours worked and timekeeping compliance

Question 2

What are the FLSA's pay frequency requirements?

Accepted Answer

The FLSA itself does not mandate a specific pay frequency such as weekly, biweekly, or semimonthly. Under 29 CFR § 778.105, the requirement is that pay periods be regular and predictable so that overtime calculations can be performed accurately. However, many states impose their own pay frequency rules (some require semimonthly or more frequent pay). Your payroll and time tracking configuration should align with both federal regularity requirements and the stricter state rules that apply to your locations. multi-state wage and hour compliance

Question 3

Does the FLSA require a minimum number of hours an employer must schedule or pay?

Accepted Answer

No. The FLSA does not require employers to schedule a minimum number of hours per shift or per week. There is no federal reporting-time pay obligation. However, several states, including California, Connecticut, Massachusetts, New Jersey, New York, and Oregon, have reporting-time pay or predictive-scheduling laws that may require partial pay if a worker reports and is sent home early or has a shift cancelled on short notice. If you operate in multiple states, your scheduling and time tracking systems need to account for these varying rules.

Question 4

What is the FLSA minimum wage, and does it override state rates?

Accepted Answer

The federal minimum wage under the FLSA is $7.25 per hour, unchanged since 2009. Under 29 U.S.C. § 218, when a state or local minimum wage is higher than the federal rate, the higher rate applies. Many states and cities now set minimums well above $7.25. Your payroll system should apply the correct rate by location, and your time records must be accurate enough to verify that every hour worked meets the applicable minimum. how to calculate overtime pay

Question 5

Are non-exempt employees required to clock in and out?

Accepted Answer

The FLSA (Section 211(c)) requires employers to keep accurate records of hours worked each workday and each workweek for all non-exempt employees. It does not prescribe the method. You can use a biometric time clock, a mobile app, a web-based punch system, or even a paper timesheet, as long as the records are complete and accurate. The employer bears the recordkeeping obligation, not the employee. If your current method leaves gaps, such as missed punches or unrecorded hours, that liability falls on you. time tracking for hourly teams

Question 6

Can an employer restrict employees from clocking in early or staying late?

Accepted Answer

Yes, you can set a policy restricting early clock-ins and unauthorized overtime. However, under 29 CFR § 785.11, if the employer 'suffers or permits' the work, the time must be compensated regardless of the policy. A written rule alone does not eliminate the pay obligation. If a supervisor sees an employee working before their shift and does not stop it, those minutes are compensable. Your time tracking system should flag early and late punches so managers can address them in real time rather than discovering them at payroll. off-the-clock work compliance

Question 7

Can an employer require employees to arrive 15 minutes early without pay?

Accepted Answer

No, not if that pre-shift time involves activities that are integral and indispensable to the employee's principal work activities. Under the Portal-to-Portal Act (29 U.S.C. § 254), time spent on mandatory pre-shift duties such as putting on required safety gear, booting up equipment, or attending briefings is compensable. If you require employees on a job site or factory floor 15 minutes before their shift for work-related tasks, those 15 minutes must be recorded and paid.

Question 8

Can an employer make an employee stay longer than their scheduled shift?

Accepted Answer

Yes. The FLSA does not cap shift length for most workers and does not prohibit mandatory overtime. However, all hours worked beyond 40 in a workweek must be paid at 1.5 times the non-exempt employee's regular rate. Your time tracking setup should capture actual clock-out times, not just scheduled end times, so extended shifts automatically flow into overtime calculations. Some states impose additional daily overtime rules (California, for example), so multi-state employers need location-aware pay rules.

Question 9

Can an employer refuse to pay an employee who forgets to clock in?

Accepted Answer

No. Withholding pay for hours actually worked violates FLSA Sections 206 and 207, regardless of whether the employee followed the timekeeping policy. If an employee forgets to punch in but performs work, the employer must reconstruct the hours and pay them. You can discipline the employee for the policy violation through your attendance policy, but the paycheck cannot be the punishment. A time tracking system with missed-punch alerts and supervisor correction workflows helps you catch these gaps before payroll runs. missed punch and payroll correction workflows

Question 10

Can an employer withhold pay as punishment for a policy violation?

Accepted Answer

No. Pay deductions that reduce a non-exempt employee's earnings below minimum wage or that eliminate required overtime compensation are illegal under FLSA Sections 206 and 207. For exempt employees, the rules are even more specific: improper deductions can destroy the salary basis under 29 CFR § 541.602, potentially reclassifying the employee as non-exempt. Discipline should be handled through your attendance or HR policy, not through the paycheck.

Question 11

Do time clocks have to display or record total time worked?

Accepted Answer

FLSA Section 211(c) requires employers to maintain records of hours worked each workday and each workweek. The DOL does not mandate a specific device, display format, or technology. What matters is that the output is accurate, retrievable, and audit-ready. Whether you use a biometric clock on a shop floor, a mobile app for field crews, or a web-based punch system, the records must show who worked, when, and for how long. FLSA recordkeeping and timekeeping compliance

Question 12

Do employees get paid for being on standby or on call?

Accepted Answer

It depends on the degree of restriction placed on the employee. Under the 'degree of restriction' test established in Armour & Co. v. Wantock (1944), on-premises standby time is almost always compensable. Off-premises on-call time becomes compensable when the restrictions are so severe that the employee cannot effectively use the time for personal purposes (for example, a very short response window or geographic restriction). Your time tracking and scheduling system should distinguish between on-call statuses and capture the actual hours if the employee is called in.

Question 13

Is training time compensable under the FLSA?

Accepted Answer

Training time is compensable unless all four conditions in 29 CFR § 785.27 are met: the training is voluntary, occurs outside regular working hours, is not directly related to the employee's current job, and no productive work is performed during the session. If any one of those conditions is not met, the time must be paid. Mandatory safety training on a construction site or required certification classes for warehouse forklift operators, for example, are compensable. Your time records should capture training hours the same way they capture shift hours.

Question 14

Do employees get paid for a cancelled shift?

Accepted Answer

The FLSA does not require pay for a shift that was cancelled before the employee performed any work. However, several states and localities have reporting-time pay or predictive-scheduling laws that may require partial compensation. California, Connecticut, Massachusetts, New Jersey, New York, Oregon, Rhode Island, and Washington, D.C. all have some form of these protections. If you operate across multiple states, your scheduling system needs to flag cancellation obligations by location so you do not create unintended liability.

Question 15

Are employees entitled to pay for time spent in mandatory meetings?

Accepted Answer

Yes. Mandatory meetings meet the 'suffered or permitted' standard under 29 CFR § 785.11. The four-part voluntary-training exemption in 29 CFR § 785.27 does not apply when attendance is required. This includes pre-shift huddles, safety briefings, all-hands meetings, and any session where the employee's presence is expected by the employer. These hours should be captured in your time records and included in the workweek total for overtime calculations.

Question 16

What are the most common FLSA overtime mistakes employers make?

Accepted Answer

The DOL's most frequent audit findings include: misclassifying non-exempt workers as exempt, excluding non-discretionary bonuses and commissions from the regular rate calculation, averaging hours across two workweeks instead of calculating overtime per individual workweek, and failing to count all hours actually worked (including pre-shift, post-shift, and off-the-clock work). Each of these errors creates back-pay liability plus potential liquidated damages. Automated pay-rule engines that calculate overtime per workweek and flag classification mismatches can reduce exposure significantly. common FLSA overtime violations and prevention

Question 17

Is a 9/80 work schedule legal under the FLSA?

Accepted Answer

Yes, a 9/80 schedule is FLSA-compliant if the employer defines the workweek so that the eight-hour 'short Friday' and the day off fall in separate workweeks. This prevents any single workweek from exceeding 40 hours. DOL Opinion Letter FLSA 2009-1 addresses this directly. The key operational requirement is that the workweek start time must be set at the midpoint of the eight-hour day, and your time tracking system must enforce that split consistently. Misconfiguring the workweek boundary is the most common 9/80 compliance failure.

Question 18

Do prevailing wage contracts change overtime rules?

Accepted Answer

Yes. On Davis-Bacon Act and Service Contract Act projects, overtime must be calculated at 1.5 times the prevailing wage rate for the applicable classification, not just the contractor's base rate. For many trade classifications, the prevailing rate (including fringe) is substantially higher than the base rate, which means overtime costs more than standard FLSA overtime. Construction and transportation employers working on government contracts need time tracking and payroll configurations that apply the correct prevailing rate by classification and project. prevailing wage and construction compliance

Question 19

Can an employer require salaried exempt employees to clock in and out?

Accepted Answer

Yes. The FLSA does not prohibit tracking exempt employees' hours, and doing so does not by itself destroy exempt status. The salary basis test under 29 CFR § 541.602 is maintained as long as the employee receives the full predetermined salary regardless of hours worked or quality of work. Many employers track exempt hours for project costing, leave management, or client billing. The risk arises only if the tracking is used to make improper deductions from salary. exempt vs non-exempt overtime rules

Question 20

Can an employer make improper deductions from a salaried exempt employee's pay?

Accepted Answer

No. Under 29 CFR § 541.603, improper deductions from an exempt employee's salary (such as docking pay for partial-day absences or for quality of work) can destroy the salary basis and reclassify the employee as non-exempt. The consequence can extend beyond the individual: if a pattern of improper deductions is found, all similarly situated employees in the same job classification may lose their exempt status. Permitted deductions are narrowly defined (full-day absences for personal reasons, FMLA leave, unpaid disciplinary suspensions for serious safety violations). Your payroll system should restrict deduction types for exempt employees to prevent accidental violations.

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