Written by Salary.com Staff
April 15, 2024
Your pay depends on your job, and you may receive money even when you are not actively working. Federal law requires employers to pay you even when you are not at work. This includes being on call, traveling for work, and even during rest periods!
Learn more in this article as you examine scenarios where employers may have to compensate employees for not working, emphasizing the principle of pay for time not worked.
When your job makes you work a full 24 hours at a place, your employer must pay you for the entire duration of your shift, including the time you spend sleeping. This is common in jobs such as caregiving, security, and ambulance driving. Employees in these fields have a designated time during their shift for sleep, usually around 8 hours, and both the employee and employer agree on this.
Taking breaks for lunch or coffee is not something the federal law insists on. But, when your boss lets you have short breaks (usually around 5 to 20 minutes), the law sees it as time you must get paid for. This time adds up with your total work hours for the week and helps figure out if you did any overtime.
Now, when you go over the time your boss said you can take a break without permission, they do not have to pay you for that extra time. Your boss needs to clearly tell you how long your break can be, warn you not to stretch it, and make it clear that breaking the rules will have consequences.
As an employee, you can receive payment for on-call hours, especially when you need to be at the workplace, or a specific location assigned by your employer. You must receive pay for this waiting time, even without doing any work.
For those on call in a location separate from their employer's premises, payment is necessary when employees have limited control over their activities or time. Restrictions for employees receiving compensation for off-site on-call time may include:
For example, when you work as a limo driver and your task is to wait at the nearby airport for potential customers, you must receive payment for the time you spend waiting. Following rules, such as staying close to the airport and refraining from alcohol consumption, may be necessary to qualify for payment. This emphasizes the concept of earning money for the time you spend, not just when you are actively working.
When your employer sends you to a training session, seminar, or any educational event, they must pay you for the time you spend there, including the time it takes to travel to and from the location. But when you choose to go on your own, they may not be required to pay you.
Compensation for Travel Time: Highlighting Pay for Time Not Worked
Employers usually reimburse the costs of your travel to a different work location, but they will not give you an hourly wage for the time you spend traveling. But when your job involves going out on calls or traveling to different job locations during the workday, your employer must pay you for this travel time.
Getting to work takes time, and when you are using your boss's vehicle or doing work on the way, it counts as work time. But when you are just heading from home to work and back, it is not considered as such, and you do not get paid for it. There is a catch—it only applies when you are traveling in the area where your job is and there is an agreement between you and your boss about using their wheels.
Aside from this, when there is an emergency at your workplace that requires you to come in during non-standard work hours, you may be eligible to receive wages for the time spent traveling. When your employer offers transportation from a central spot with your co-workers, you may have the right to be paid for the time you spend traveling as well.
Certain states require employers by law to give employees meals and rest breaks. The length of these breaks depends on how long the work shift is. These rules specify how frequently and how long breaks happen. During these times, they decide when employees must receive payment.
In areas where breaks are obligatory but not necessarily paid, employees must be completely relieved of all work responsibilities during their breaks. When the employer makes the employee keep working or do tasks during the break, the law says it must be a paid break.
Employers offer numerous benefits for times when employees are not working. These encompass unemployment insurance, vacation days, other leave options, and sick pay. It is crucial for businesses to minimize costs related to sick leave, and strategies for cost reduction may involve combining sick leave, vacation, and holidays into one comprehensive leave pool.
For larger employers, the Family and Medical Leave Act (FMLA) mandates providing up to 12 weeks of unpaid leave for family-related matters. This ensures that employees can take time off for family and medical reasons without risking their job security.
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