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Paid Time

Since the FLSA has not designated the definition of the word “work,” disputes over when to start and when to stop counting “compensable” time—time for which employees are entitled to receive compensation--have occurred. The general definition of work, as supplied by the Supreme Court, is the “physical or mental exertion…controlled or required by the employer and pursued necessarily and primarily for the benefit of the employer…” This definition is in the current Department of Labor regulations. There are three limitations on this definition: As designated by the De Minimis Doctrine, otherwise compensable activities are not eligible if the time spent is ten minutes or less. Another area that is not eligible for compensation is any activity that occurs before or after the actual workday—even though it may be work-related. The third limitation applies only to unionized employees: an employer need not compensate an employee for his or her time spent in washing or changing clothes at the beginning or the end of each work day.