elaws - FLSA Hours Worked Advisor
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November 4, 2008    DOL Home > elaws Advisors > FLSA Hours Worked Advisor
elaws - employment laws assistance for workers and small businesses - FLSA Hours Worked Advisor


The Fair Labor Standards Act (FLSA) requires that all covered, nonexempt employees be paid at least the minimum wage for all hours worked. The FLSA also provides that covered, nonexempt employees who work more than 40 hours in the workweek must receive at least one and one-half times their regular rate of pay for the overtime hours (hours worked over 40 in a workweek). A workweek, which can begin on any day of the week, is 7 consecutive 24-hour periods or 168 consecutive hours.

To review coverage or exemptions under the FLSA, click on the underlined text.

The amount of pay due an employee cannot be determined without knowing the total number of hours actually worked by that employee in each workweek. An employee must be paid for all of the time considered to be hours worked and all time that is hours worked must be counted when determining overtime hours worked.

The Hours Worked Advisor will help employees and employers determine which hours an employee spends in work related activities are hours worked. The Advisor applies the principles involved in making that determination under the FLSA to common situations occurring in the workplace.

The Advisor does not include every possible situation. No conclusion should be drawn from the fact that a subject or an illustration may not be included.

Before using this Advisor, you may want to review a brief explanation of what the FLSA requires and what the FLSA does NOT require.



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