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Wednesday, May 6, 2026

Time Is Money: A Quick Wage-Hour Tip on… When To Pay For ... - JD Supra

work | \ wərk \ (noun): activity in which one exerts strength or faculties to do or perform something

In common parlance, the concept of “work” connotes some physical or mental exertion. The law, however, defines the term more broadly, and properly compensating employees often is not as simple as paying for all time spent performing “work” in the usual sense of that term. The Fair Labor Standard Act (“FLSA”) and the laws of many states require employers to also pay for certain periods of time during which employees are idle and simply waiting to begin working—even if those employees never become engaged in work.

Failure to recognize and count certain waiting time as compensable work hours is a costly mistake: it exposes the employer to potential claims and lawsuits seeking back wages, penalties, and other relief available under federal and state law.

What is waiting time, and when must an employer pay for it?

Waiting time is what it sounds like: a period of inactivity during which an employee waits or expects to perform work. Whether waiting time is compensable depends on the specific facts. Broadly speaking, an employee may be waiting to be engaged (which is not compensable) or engaged to wait (which is compensable). As to the latter category, the Supreme Court has recognized that an employer may hire an employee “to do nothing, or do nothing but to wait for something to happen.”[1]

The U.S. Department of Labor regulations differentiate between three types of waiting...



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