Does leave time count as work time?
A. No. “Hours not worked” need not be counted as “hours worked” for purposes of FLSA wage computations, even if they are counted as work time for some other purpose such as pensions or for pay computations under employment agreements. Q. At what rate must FLSA overtime be paid? A. Time and one-half the “regular hourly rate.” (For employees whose normal pay is not an “hourly” rate, their regular rate requires converting pay to an hourly equivalent. There are some peculiar FLSA arithmetic rules about how to do this.) Longevity pay, shift differentials, and similar nondiscretionary wage augments paid for work should generally be included in calculating the FLSA overtime rate. There are provisions which may permit arrangements to pay for some work at a different rate, but only if the work is different from the employee’s regular job, and only by agreement before the work is performed. Q. Does it matter that an employee did not “put in for” the time spent performing work activities? A. Prob
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