Individuals employed subject to this part must be compensated for
all hours worked. Compensable time includes not only those hours during
which the individual is actually performing productive work but also
includes those hours when no work is performed but the individual is
required by the employer to remain available for the next
assignment. However, where the individual is completely relieved from
duty and is not required to remain available for the next assignment,
such time will not be considered compensable time. For example, an
individual employed by a rehabilitation facility would not be engaged in
a compensable activity where such individual is completely relieved from
duty but is provided therapy or the opportunity to participate in an
alternative program or activity in the facility not involving work and
not directly related to the worker's job (e.g., self-help skills
training, recreation, job seeking skills training, independent living
skills, or adult basic education). The burden of establishing that such
hours are not compensable rests with the facility and such hours must be
clearly distinguishable from compensable hours. (For further information
on compensable time in general under FLSA, see part 785 of this title.)
