Down time refers to compensable time when a worker with a disability is
on the job but is not producing because of factors not within his or her
controlsuch as lack of work, equipment breakdowns, etc. Workers with
disabilities, including those paid piece rates, are required to be paid for
down time at a rate equal to their average hourly earnings during the most
representative period, not to exceed a quarter (calendar or fiscal). An
employer must be consistent in the method used when computing the
employees average hourly earnings.
As a practical matter, workers with disabilities employed by community
rehabilitation programs are often unable to leave their place of employment
because of special transportation arrangements or other reasons unique to their
condition. The employer may provide rehabilitation services to workers with
disabilities during periods of extended down time and such time need not be
considered compensable so long as:
- The services provided are not primarily for the purpose of increasing
job productivity;
- Such time is clearly identified, recorded and segregated on time
records; and
- The services are provided in an area away from the production area if
other employees are still working.
I would like to:
FLSA Section 14(c) Advisor |
Wage and Hour Division
|