What Counts as Hours Worked: Pre-Shift Tasks, Training, Waiting and Short Breaks

Under the FLSA, hours worked include all time an employee is required to work or is "suffered or permitted" to work, even if you did not ask for it. Pre-shift tasks, required training, waiting that is controlled by the employer and short rest breaks of 5 to 20 minutes are all paid time. Bona fide meal periods, an ordinary commute and most off-duty time generally are not.

This guide walks through the most common situations under 29 CFR Part 785, with step-by-step dollar examples, and shows how to record time so these questions do not turn into claims. State law can be broader than the FLSA, so check your state. This is general information, not legal advice.

The basic rule: suffered or permitted work

Work counts when the employer knows or has reason to believe it is being performed. An employee who answers customer emails at night, finishes a task after clocking out or starts setup before the shift is working. If the manager knows and allows it, the time is payable, even if company policy says not to do it.

The remedy is not to ignore the work but to stop it or pay it. A policy that prohibits unauthorized work must be enforced, and any unauthorized time that occurs still has to be paid.

Pre-shift and post-shift tasks

Activities that are an integral and indispensable part of the job, such as booting up a computer needed for the first call, putting on required protective gear on site, or opening the register, are generally compensable. Activities that are only preliminary or postliminary, like walking to the time clock, are not, under the Portal-to-Portal Act.

The Supreme Court held in Integrity Staffing Solutions v. Busk (2014) that post-shift security screening was not compensable under the FLSA. Some states take a different view, so check yours. A small amount of time can fall under the narrow "de minimis" doctrine in 29 CFR 785.47, but only when it is truly minor and difficult to record, which is rare when you have a clock.

The practical question for managers is what the employee is expected to do before clocking in. If the answer includes anything the job requires, the clock should be running, or the system should make it easy to add that time with a note.

Training, meetings and certifications

Time in training or meetings is work unless all four of these are true: it is outside regular hours, attendance is voluntary, it is not job related and no other work is performed. Mandatory training, safety briefings and required certification classes are paid.

Example: an employee earning $18.00/hour attends a mandatory 3-hour safety training on Saturday after working 38 hours that week. Total hours: 38 + 3 = 41. Pay: 41 x $18.00 = $738.00, plus half-time premium for 1 hour over 40: 1 x $9.00 = $9.00, so $747.00.

Waiting time and on-duty breaks

Waiting is paid when the employee is engaged to wait, such as a driver held at a dock who cannot use the time freely. Waiting is not paid when the employee is relieved of duty long enough to use the time for personal purposes. The question is whether the time is controlled by the employer and used for the employer's benefit.

If employees are required to remain on the premises or respond immediately during idle time, treat it as work. Our related guides cover how these rules extend to on-call situations and travel.

Short breaks and meal periods

Under 29 CFR 785.18, rest breaks of 5 to 20 minutes are paid. Under 785.19, a bona fide meal period, usually 30 minutes or more, can be unpaid only if the employee is completely relieved from duty. Eating at a desk while answering the phone is work, and the time is paid.

Example: an employee earning $15.00/hour works 8:00 a.m. to 4:30 p.m. with a 30-minute unpaid meal and two paid 15-minute breaks. Paid time: 8.5 hours minus 0.5 meal = 8.0 hours. Pay: 8 x $15.00 = $120.00. If she was interrupted for 15 minutes of the meal, the correct total would be 8.25 hours, or $123.75.

Automatic meal deductions deserve special attention. They are not prohibited, but if employees work through the meal or are interrupted, the deducted time is unpaid work, and the employer is responsible for correcting it when it knows or should know that happened.

Commuting and travel

An ordinary commute between home and the regular work site is not compensable under the Portal-to-Portal Act. Travel during the workday, from one job site to another, is work. Special one-day trips to another city can also be work in some cases. Rules around overnight travel are more detailed.

Employees who get a call and must drive to a customer are generally working from the moment the work starts, which depends on the facts. We keep the basics in mind here and recommend counsel for edge cases.

Recording hours worked correctly

Because all of the above is judged by what happened, the record has to be made at the time. A schedule showing 9 to 5 does not prove the person never worked at 8:45. Daily and weekly hours must be recorded, as explained in FLSA timekeeping requirements.

Make sure employees know they must record all time and that managers do not edit time downward without a documented reason. If you discover unpaid time, pay it. Underpayments across a team can lead to the exposure described in wage and hour lawsuits and back pay.

A short written rule helps: all work time must be recorded, managers cannot ask employees to work off the clock and corrections must be made within a set time. Review a sample of timesheets every pay period for entries that look rounded or identical.

How SimpleWorkshift Helps Capture Every Hour

SimpleWorkshift lets employees clock in and out from the iOS or Android app or the web, so pre-shift tasks, training and field work can be recorded when they happen. Every entry includes a GPS location, and managers get a real-time view of time entries and exceptions, so missing or unusual punches are visible quickly.

Automatic overtime calculations, including night shift differentials, and custom reports give payroll a clean basis for payroll closing. Work schedules per employee and a time bank help manage training and flexible hours. Try it free for 30 days at simpleworkshift.com, with no contracts and the option to cancel anytime.