Employment Lawyers Fighting for Workers’ Rights in New Jersey, Pennsylvania & Throughout the United States

What Counts as Working Time Under the FLSA?

If you are wondering whether or not you are being properly paid for the hours that you work, it depends on what is counted as work time and what is not. Under the Fair Labor Standards Act, time that you spend that is controlled by your employer and that is for his or her benefit is work time that must be compensated. If your employer has failed to pay you for the time that you have worked, the attorneys at Swartz Swidler might be able to help.

What does work time include?

The FLSA mandates that you must be paid for the time in which you are allowed to work, including your scheduled hours as well as work that you complete outside of that time. For example, your employer must pay you if you stay late to finish your work even if your employer didn’t ask you to stay later. If you are required to ask for permission before you work overtime, your employer may discipline you, but you still have to be paid for the time.

Some workers have to complete tasks before they begin working or before they leave work. These tasks count as compensable work time and include the following:

  • Donning and doffing protective gear
  • Time spent traveling from the primary job site to a secondary site
  • Time spent rolling silverware before working a shift at a restaurant

Schedule an appointment today. Call (856) 685-7420 or

Schedule an appointment today.
Call (856) 685-7420 or

Compensable travel time

While the time that you spend commuting to and from your regular work site is generally not compensable, some travel time must be paid. For example, if your job duties require you to travel to a client’s business, you must be paid for the time that you spend traveling to that location. Depending on the length of a trip and the time when you travel, you may be entitled to compensation when you are required to take trips for your job.

Trips that occur on the same day entitle you to compensation for your travel time minus the time that it takes you to get to and from your residence to the travel hub.
For trips that will last more than one day, you will have to be paid for the time that you spend traveling during your normal hours of work.

Breaks, waiting and on-call time

Your employer must pay you for breaks that last 20 minutes or less as well as for any breaks during which you work. If you spend time waiting at your worksite, you must be compensated for that time. If you are on-call while you are away from your worksite, whether you will be entitled to pay will depend on the degree of control that your employer has over you. If you are able to do whatever you want during that time, it will be unlikely to be compensable. If your employer instead requires you to stay within a specific radius of your job so that you can respond quickly, you might be entitled to receive payment for the time while you are on call.

Training time

If you are required by your employer to attend job training, your employer must pay you. You do not have to be paid for training that is unrelated to your job, that is voluntary and that doesn’t require you to engage in any work.

Contact an employment lawyer

If you believe that your employer has failed to pay you for all of the time for which you are entitled to be paid, it is important for you to talk to an experienced employment lawyer. Schedule your consultation today by calling Swartz Swidler.

Most Frequently Asked Question: Do I Have A Case?

While it is true that every case is different, The law is pretty clear in most cases. The best way to determine if you have a case is to contact one of our attorneys. For more information check out the FAQ below or visit our FAQ Page

Most Frequently Asked Question:
Do I Have A Case?

While it is true that every case is different, The law is pretty clear in most cases. The best way to determine if you have a case is contact one of our attorneys. For more information on a just a few scenarios checkout the flip box FAQ below or visit our FAQ Page.

Our Locations

Cherry Hill Headquarters

1101 Kings Hwy N
Suite 402
Cherry Hill, New Jersey 08034

Phone: (856) 685-7420
Fax: (856) 685-7417

Philadelphia Satellite Office

123 South 22nd Street
Philadelphia, PA 19107

Phone: (215) 995-2733

Our Locations

Cherry Hill Headquarters

1101 Kings Hwy N
Suite 402
Cherry Hill, New Jersey 08034

Phone: (856) 685-7420
Fax: (856) 685-7417

Philadelphia Satellite Office

123 South 22nd Street
Philadelphia, PA 19107

Phone: (215) 995-2733