What Counts as Hours Worked? (FLSA Compensable Time)
Hours worked isn't just time at the workstation. The FLSA counts more than most employers expect — and unpaid 'off the clock' work is one of the most common wage claims.
Usually compensable
Short breaks (roughly 5–20 minutes), required training and meetings, time spent putting on required gear, travel between job sites during the day, and work performed before or after a shift that the employer knows about — all of that is generally paid time.
If an employee answers emails at night or comes in early to prep and you let it happen, that's work. 'We didn't approve it' limits discipline, not pay.
Usually not compensable
Bona fide meal periods of 30+ minutes where the employee is fully relieved of duty, the normal home-to-work commute, and genuine off-duty time are typically unpaid.
On-call time depends on freedom: waiting at the job site is paid; carrying a phone at home with freedom to live your life usually isn't.
Why precise records matter
Most off-the-clock disputes come down to records. A time clock that captures actual punches — including quick before-shift work — is the cleanest defense, paired with a written policy on when employees may start working.
FAQ
Do short breaks count as hours worked?
Yes — breaks of about 5 to 20 minutes count as paid working time under federal rules. Bona fide 30+ minute meal periods, fully relieved of duty, can be unpaid.
Does training time count as hours worked?
Required training counts. Training can only be unpaid if it's voluntary, outside work hours, not job-related, and no work is performed.
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