Compensable Work Chart with Explanation

State:
Multi-State
Control #:
US-03095BG
Format:
Word; 
Rich Text
Instant download

Overview of this form

The Compensable Work Chart with Explanation outlines what constitutes compensable time under the Fair Labor Standards Act (FLSA). This form is essential for employers and employees to understand the nuances of hourly wage regulations, especially regarding overtime and minimum wage requirements. Unlike other employment forms, this chart focuses specifically on different types of working time, helping clarify what hours must be compensated.

Key parts of this document

  • Permitted voluntary work - Compensable
  • Apprenticeship program hours - Compensable
  • Meal periods and rest breaks - Breaks generally compensable, meal periods not
  • On-call time - Sometimes compensable
  • Travel time - Compensable during normal work hours
  • Unauthorized work - Must be compensated if permitted
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Situations where this form applies

This form should be used when determining if specific work hours qualify for compensation under the FLSA. Scenarios include instances of unpaid on-call time, travel during work hours, or assessing compensation eligibility for certain training or meetings. It's especially useful for employers who need a clear guideline for payroll practices and for employees who seek to understand their rights regarding work hours.

Intended users of this form

  • Employers seeking clarity on compensable time regulations
  • Employees wanting to understand their compensation rights
  • HR professionals managing payroll compliance
  • Business owners in apprenticeship programs

Completing this form step by step

  • Review the comprehensive chart detailing compensable and non-compensable work activities.
  • Identify specific scenarios that apply to your situation, such as travel time or on-call duties.
  • Consult your employee records to determine how these standards apply to your workforce.
  • Adjust payroll practices according to the guidelines outlined in the form.
  • Communicate clearly with employees regarding their rights under the FLSA based on this information.

Notarization guidance

In most cases, this form does not require notarization. However, some jurisdictions or signing circumstances might. US Legal Forms offers online notarization powered by Notarize, accessible 24/7 for a quick, remote process.

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If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.

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We protect your documents and personal data by following strict security and privacy standards.

Typical mistakes to avoid

  • Assuming all breaks are non-compensable without reviewing the duration and context.
  • Failing to account for mandatory training or meeting time that meets compensation criteria.
  • Overlooking travel time as compensable when it's during normal work hours.
  • Neglecting to clarify which on-call situations are compensable.

Advantages of online completion

  • Immediate access to an up-to-date legal chart created by licensed attorneys.
  • Easy download for quick reference and implementation in your business.
  • Accessible from anywhere, allowing for flexible use in various situations.
  • Clear guidance to ensure compliance with labor laws, reducing legal risks.

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FAQ

Company management must exercise control over employees to ensure that work is not performed off the clock.For example, a supervisor can now text or email an employee 24/7. If the employee is expected to answer, they must be paid for their time in reviewing and responding to the message.

While there is no bright-line rule as to how much time is or is not de minimis, many courts have held that less than ten minutes of working time is de minimis.

Work that is off the clock is any work done for an employer which isn't compensated and not counted towards a worker's weekly hours for overtime purposes.Suffered work means the employee engages in work that isn't requested, but allowed, such as working extra, unpaid hours in order to help colleagues.

If such control is unreasonable, the on-call time is compensable.Under the FLSA, periods during which an employee is completely relieved from duty and that are long enough to enable him to use the time effectively for his own purposes are not hours worked.

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.

FLSA Overtime: Covered nonexempt employees must receive overtime pay for hours worked over 40 per workweek (any fixed and regularly recurring period of 168 hours seven consecutive 24-hour periods) at a rate not less than one and one-half times the regular rate of pay.

What hours are supposed to be paid? So called Compensable Hours include all time during which an a) employee is required to be on duty, to be at employer's premises or prescribed place or b) all time during which an employee is suffered or permitted to work.

In general, "hours worked" includes all time an employee must be on duty, or on the employer's premises or at any other prescribed place of work. Also included is any additional time the employee is allowed (i.e., suffered or permitted) to work.

The court noted that compensable time in California includes the time during which an employee is subject to the control of an employer, and includes all the time the employee is suffered or permitted to work, whether or not required to do so. Time is compensable when an employee is working or under the control of

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Compensable Work Chart with Explanation