Hospitals and Community Rehabilitation Programs occasionally provide
rehabilitative services to patients and other consumers that involve the
creation of arts and crafts projects. Time spent in arts and crafts projects by
a patient or other consumer is not considered hours worked - and therefore not
compensable - if the individual's participation is voluntary and the craft
products become his or her property, or the funds resulting from the sale of
the products are divided among the patients or consumers participating in that
program or are used for the purposes of purchasing materials consumed in making
the arts and craft products.
Arts and crafts products, by their very nature, involve a degree of
creativity and individualism on the part of their creators and are often
distinguished by their unique and differentiating characteristics. The mass
production of identical or basically identical items, whether produced on an
assembly line basis or by individual(s), would not constitute "arts and crafts"
activities and the time performing such tasks could actually be compensable
hours. In addition, activities such as the potting of seeds or plants or the
packaging of materials made by others do not constitute "arts and crafts"
activities.
I would like to:
FLSA Section 14(c) Advisor |
Wage and Hour Division
|