What is considered “work time” under the FLSA?
All work time must be counted in computing an employee’s overtime pay including work not requested but suffered or permitted by an employer. Two types of work primarily are involved when employers violate this rule: 1) Work that an employer orders to be done and then refuses to count as work time, such as many pre-shift and post-shift activities; and 2) Work that an employer knows is being done, or would know about if it made a reasonable inquiry, which the employer ignores. Pre-Shift and Post-Shift Duties are activities that employees are required to perform before and after their scheduled shift. Any activity that benefits the employer is usually counted as work time. For example, getting a restaurant ready to open for business, meeting with wait staff about evening specials, donning protective gear and preparing equipment in a factory, or law enforcement employees checking in and out their guns are all considered to be work time even if these activities occur before the employer’s s
