Hours Worked Under the Fair Labor Standards Act (FLSA)
February 23, 2023
Hours Worked Under the Fair Labor Standards Act (FLSA)

This article provides general information concerning what constitutes compensable time under the FLSA. The Act requires that employees must receive at least the minimum wage and may not be employed for more than 40 hours in a week without receiving at least one and one-half times their regular rates of pay for the overtime hours. The amount employees should receive cannot be determined without knowing the number of hours worked.


Definition of "Employ"

By statutory definition the term "employ" includes "to suffer or permit to work." The workweek ordinarily includes all time during which an employee is necessarily required to be on the employer's premises, on duty or at a prescribed work place. "Workday", in general, means the period between the time on any particular day when such employee commences his/her "principal activity" and the time on that day at which he/she ceases such principal activity or activities. The workday may therefore be longer than the employee's scheduled shift, hours, tour of duty, or production line time.


Application of Principles

Employees "Suffered or Permitted" to work: Work not requested but suffered or permitted to be performed is work time that must be paid for by the employer. For example, an employee may voluntarily continue to work at the end of the shift to finish an assigned task or to correct errors. The reason is immaterial. The hours are work time and are compensable.


Waiting Time:

Whether waiting time is hours worked under the Act depends upon the particular circumstances. Generally, the facts may show that the employee was engaged to wait (which is work time) or the facts may show that the employee was waiting to be engaged (which is not work time). For example, a secretary who reads a book while waiting for dictation or a fireman who plays checkers while waiting for an alarm is working during such periods of inactivity. These employees have been "engaged to wait."


On-Call Time:

An employee who is required to remain on call on the employer's premises is working while "on call." An employee who is required to remain on call at home, or who is allowed to leave a message where he/she can be reached, is not working (in most cases) while on call. Additional constraints on the employee's freedom could require this time to be compensated.


Rest and Meal Periods:

Rest periods of short duration, usually 20 minutes or less, are common in industry (and promote the efficiency of the employee) and are customarily paid for as working time. These short periods must be counted as hours worked. Unauthorized extensions of authorized work breaks need not be counted as hours worked when the employer has expressly and unambiguously communicated to the employee that the authorized break may only last for a specific length of time, that any extension of the break is contrary to the employer's rules, and any extension of the break will be punished. Bona fide meal periods (typically 30 minutes or more) generally need not be compensated as work time. The employee must be completely relieved from duty for the purpose of eating regular meals. The employee is not relieved if he/she is required to perform any duties, whether active or inactive, while eating.


Sleeping Time and Certain Other Activities:

An employee who is required to be on duty for less than 24 hours is working even though he/she is permitted to sleep or engage in other personal activities when not busy. An employee required to be on duty for 24 hours or more may agree with the employer to exclude from hours worked bona fide regularly scheduled sleeping periods of not more than 8 hours, provided adequate sleeping facilities are furnished by the employer and the employee can usually enjoy an uninterrupted night's sleep. No reduction is permitted unless at least 5 hours of sleep is taken.


Lectures, Meetings and Training Programs:

Attendance at lectures, meetings, training programs and similar activities need not be counted as working time only if four criteria are met, namely: it is outside normal hours, it is voluntary, not job related, and no other work is concurrently performed.


Travel Time:

The principles which apply in determining whether time spent in travel is compensable time depends upon the kind of travel involved.


Home to Work Travel:

An employee who travels from home before the regular workday and returns to his/her home at the end of the workday is engaged in ordinary home to work travel, which is not work time.


Home to Work on a Special One Day Assignment in Another City:

An employee who regularly works at a fixed location in one city is given a special one day assignment in another city and returns home the same day. The time spent in traveling to and returning from the other city is work time, except that the employer may deduct/not count that time the employee would normally spend commuting to the regular work site.


Travel That is All in a Day's Work:

Time spent by an employee in travel as part of their principal activity, such as travel from job site to job site during the workday, is work time and must be counted as hours worked.


Travel Away from Home Community:

Travel that keeps an employee away from home overnight is travel away from home. Travel away from home is clearly work time when it cuts across the employee's workday. The time is not only hours worked on regular working days during normal working hours but also during corresponding hours on nonworking days. As an enforcement policy the Division will not consider as work time that time spent in travel away from home outside of regular working hours as a passenger on an airplane, train, boat, bus, or automobile.


Typical Problems:

Problems arise when employers fail to recognize and count certain hours worked as compensable hours. For example, an employee who remains at his/her desk while eating lunch and regularly answers the telephone and refers callers is working. This time must be counted and paid as compensable hours worked because the employee has not been completely relieved from duty.


Where to Obtain Additional Information:

For additional information, visit our Wage and Hour Division Website: http://www.dol.gov/agencies/whd and/or call our toll-free information and helpline, available 8 a.m. to 5 p.m. in your time zone, 1-866-4USWAGE (1-866-487-9243).


This publication is for general information and is not to be considered in the same light as official statements of position contained in the regulations.


The contents of this document do not have the force and effect of law and are not meant to bind the public in any way. This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies.

Sign up for our newsletter.

Spring Cleaning for Employers: 7 HR and Payroll Areas to Review Before Mid-Year

March 10, 2026
By early spring, most organizations have settled into the rhythm of the new year. Payroll cycles are running, benefits elections have taken effect, and hiring plans are starting to move forward. It is also around this time that small administrative issues tend to surface. A deduction that was entered incorrectly. A PTO balance that does not quite look right. A job description that no longer reflects what someone actually does day to day. None of these problems usually start out as major concerns. But when they go unnoticed for months, they can create compliance risks, payroll corrections, or frustrating employee experiences later in the year. Taking a little time now to review a few core HR and payroll areas can help catch issues early and keep your systems running the way they should. 1. Payroll Deductions and Employee Pay Accuracy Payroll errors rarely happen because someone intentionally entered the wrong information. More often they occur because small changes throughout the year were not reflected consistently across systems. Spring is a good time to review payroll deductions line by line and make sure everything matches current elections and agreements. Start by checking: Health, dental, and vision deductions against current benefit elections Retirement contributions and employer match calculations Garnishments or wage attachments that may have started or ended Bonus or commission structures tied to payroll calculations It is also worth confirming that salary adjustments made at the start of the year were properly applied across payroll and HR records. A mismatch between HR systems and payroll can create issues that compound over time. Run a payroll audit report if your system allows it. Compare gross wages, deductions, and net pay for a sampling of employees across departments. Look for unusual fluctuations or rounding inconsistencies. Even one small discrepancy can create confusion for employees and require retroactive corrections later. 2. PTO Balances and Accrual Policies Paid time off policies can quietly become inconsistent if they are not reviewed periodically. Accrual rules may have changed, new hires may have different policies than long-tenured employees, and carryover limits can easily be overlooked. Take time this spring to verify that PTO balances reflect the rules outlined in your employee handbook. Focus on questions such as: Are accrual rates being applied correctly based on tenure? Are carryover limits being enforced as expected? Have any manual adjustments been made that need documentation? Do employees clearly understand how their PTO accumulates and resets? This review also helps identify employees who may have unusually high PTO balances. Addressing those early can help avoid operational challenges later in the year when many employees begin using vacation time. 3. Employee Classification and Job Roles Misclassification remains one of the most common compliance risks employers face. Over time, job responsibilities evolve, and a position that once qualified for a particular classification may no longer meet the criteria. Use this time to review whether employees are properly classified as exempt or non-exempt under wage and hour laws. Look closely at: Employees who received promotions or expanded responsibilities Positions that involve supervisory duties Roles that combine administrative and operational tasks Job descriptions should accurately reflect what employees actually do day to day. If responsibilities have shifted significantly, the classification may need to be reevaluated. Clear documentation is important here. Updated job descriptions help support classification decisions and provide clarity for both employees and managers. 4. Employee Handbook and Workplace Policies Policies that felt current a year ago may now need adjustments. Workplace expectations evolve quickly, and spring is a practical time to review whether your handbook reflects the way your organization actually operates. Pay particular attention to policies related to: Remote or hybrid work expectations Use of artificial intelligence tools in the workplace Timekeeping and attendance procedures Workplace conduct and communication standards It is also wise to confirm that any state-specific policies remain compliant with current regulations. If your workforce spans multiple states, small policy differences may need to be addressed. Updating a handbook does not necessarily mean rewriting the entire document. Sometimes a few targeted revisions can ensure employees have clear guidance and leadership has consistent standards to follow. 5. Benefits Eligibility and Employee Status Changes Benefits eligibility errors can happen when employee status changes are not updated in a timely manner. Review employees who experienced changes during the past several months. This includes individuals who moved from part-time to full-time status, those who returned from leave, and employees who changed departments or compensation structures. Make sure eligibility for benefits matches the organization’s plan requirements. Check that: Newly eligible employees were offered enrollment opportunities Terminated employees were removed from benefit plans promptly COBRA notifications were issued when required Dependent eligibility rules are being followed consistently Even minor oversights in this area can create complications with carriers or leave employees temporarily without the coverage they expect. 6. Workers’ Compensation Classifications Workers’ compensation classifications often remain unchanged year after year, even when job duties evolve. If employees begin performing different tasks than originally described, their classification may no longer match the level of risk associated with the role. Incorrect classifications can lead to inaccurate premium calculations and potential audit findings later. Take time to review job roles that involve: Operational or physical work environments Field service or travel responsibilities Equipment use or safety considerations Confirm that the workers’ compensation codes associated with these positions still reflect the work being performed. Employers who review this annually are often better prepared when insurance audits occur. 7. HR and Payroll System Alignment Finally, look at how your HR and payroll systems interact with each other . Many organizations rely on multiple platforms for HR, payroll, benefits administration, and reporting. When systems do not communicate effectively, teams often compensate by manually transferring data between them. That can create hidden inefficiencies and increase the chance of errors. Ask yourself: Are employee records consistent across all systems? Are onboarding updates automatically reflected in payroll and benefits platforms? Are reporting tools pulling accurate workforce data? For some employers, this review reveals that processes have become more manual than intended. Working with a partner that integrates HR, payroll, benefits, and insurance services can make much of this coordination significantly easier. At Simco , we help employers align these systems so information flows more smoothly and administrative teams spend less time reconciling data. A Small Review Now Prevents Bigger Issues Later Spring reviews do not have to be complicated or time-consuming. Even a few focused hours reviewing payroll accuracy, employee classifications, and benefits records can uncover issues that are much easier to fix now than later in the year. Employers who take time to review these areas early often avoid the mid-year scramble that happens when small inconsistencies finally surface. A short operational check-in today can help ensure the rest of the year runs more smoothly for both your leadership team and your employees.

5 Auto Insurance Mistakes Drivers Don’t Realize They’re Making

March 5, 2026
Auto insurance is something most people set up once and rarely revisit. As long as the policy is active and premiums are paid, it’s easy to assume everything is working as it should. But over time, vehicles change, driving habits evolve, and insurance needs shift. Many drivers unknowingly make small decisions that can leave them underprotected, overpaying, or surprised when a claim occurs. Here are five common auto insurance mistakes drivers make without realizing it, and how a quick review of your coverage can help prevent them. 1. Carrying Only the State Minimum Coverage Many drivers assume that if they meet their state’s minimum insurance requirements, they’re fully protected. In reality, minimum coverage is typically designed to satisfy legal requirements, not necessarily to protect you financially in a serious accident. For example, New York requires drivers to carry at least: $10,000 for property damage for a single crash $25,000 for bodily injury (and $50,000 for death) for one person in a crash $50,000 for bodily injury (and $100,000 for death) for two or more people in a crash These limits allow a vehicle to be legally registered and operated in New York State, but they may not fully cover the costs associated with a major accident, particularly as medical expenses and vehicle repair costs continue to rise. Because of this, many drivers choose higher liability limits to better protect their assets in the event of a serious claim. 2. Assuming Your Policy Automatically Keeps Up With Life Changes Insurance policies don’t automatically adjust when life changes. Yet many drivers forget to update their coverage when their circumstances shift. For example, adding a teenage driver to the household, purchasing a newer or more expensive vehicle, or even relocating to a different area can all affect the type and amount of coverage you may need. Common life events that should trigger a policy review include: Moving to a new home or state Adding a new driver to the household Buying or leasing a new vehicle Changing how often or how far you drive Using your vehicle for business or gig work If your insurer isn’t aware of these changes, your coverage may not accurately reflect your current situation, which could create complications or delays if a claim ever occurs. 3. Overlooking the Risk of Being Underinsured A surprising number of drivers carry coverage that is technically valid but insufficient for real-world risks. While the policy may meet legal requirements, it may not fully protect against the financial impact of a serious accident. This is especially important when considering uninsured and underinsured motorist coverage . If another driver causes an accident but does not have insurance, or carries only minimal coverage, these protections may help cover injuries or losses that the at-fault driver’s policy cannot. In situations involving medical bills, lost wages, or long-term injury, the costs can quickly exceed basic policy limits. Without adequate protection in place, drivers may find themselves responsible for expenses they assumed would be covered. 4. Choosing Deductibles Without Reassessing Them Deductibles often get set once and then forgotten. Over time, however, a deductible that once made sense might no longer align with your financial situation or your comfort level with risk. For example: A higher deductible may lower your premium but increase out-of-pocket costs after a claim. A lower deductible may offer more predictable costs during a claim but can result in higher monthly premiums. As vehicles age or financial circumstances change, it may make sense to revisit this balance. Some drivers choose to increase deductibles once they have built savings for emergencies, while others prefer lower deductibles to reduce uncertainty in the event of an accident. Periodically reviewing this choice ensures your policy reflects both your budget and your risk tolerance. 5. Not Reviewing Your Policy Regularly Auto insurance is not meant to be a “set it and forget it” decision. Coverage that made sense a few years ago may no longer reflect your vehicle’s value, your driving habits, or today’s repair and liability costs. Vehicle repair costs, parts availability, and accident-related expenses have all changed significantly in recent years. New vehicle technology, advanced safety systems, and rising labor costs have made repairs more expensive than many drivers realize. Taking a few minutes once a year to review your policy can help ensure your coverage keeps pace with these changes and continues to provide the protection you expect. A Quick Coverage Review Can Make a Big Difference Many auto insurance mistakes aren’t about reckless driving or major oversights. More often, they happen simply because policies are rarely revisited. A quick review can help you: confirm liability limits still make sense evaluate deductibles and coverage options account for life or vehicle changes identify potential gaps before a claim occurs Making Sure Your Coverage Still Fits At Simco Insurance & Wealth Management, our licensed agents review coverage across multiple carriers to help individuals and families find solutions that fit their needs and budget. If it has been a while since you reviewed your auto insurance, taking a fresh look may help ensure your policy still provides the protection you expect. Because when it comes to insurance, the most expensive mistakes are often the ones people never realize they’re making.

The Hidden Costs of Disconnected HR, Payroll, and Benefits Systems

February 25, 2026
Over the past few years, employers have adopted more technology, more vendors, and more specialized partners than ever before. On paper, it makes sense. One provider handles payroll. Another manages benefits. A broker oversees commercial insurance. A third-party administrator handles retirement plans. Individually, each relationship may work well. Collectively, however, fragmentation can quietly create inefficiencies, risk, and missed opportunities that compound over time. As organizations grow and workforce expectations evolve, more employers are stepping back and asking a bigger question: Is our current structure helping us move faster, or slowing us down? As an isolved Network Partner, we closely follow industry research and employer sentiment. In isolved’s Second-Annual Business Owner Report, 76% of business owners say owning a business has become more complicated in the past year, with increased costs cited as the leading driver of that complexity. That complexity often does not stem from one single issue. It builds gradually, especially when systems, vendors, and processes are not aligned. Here’s where the hidden costs of disconnected workforce management tend to show up. Administrative Work That Multiplies Instead of Scales When HR, payroll, benefits, insurance, and retirement services live in separate systems, the workload rarely stays separate. Teams often find themselves entering the same employee data into multiple platforms, reconciling discrepancies between systems, coordinating updates across vendors, and serving as the “go-between” when issues arise. What starts as manageable complexity can become operational drag as your organization grows. Instead of scaling efficiently, internal teams spend valuable time maintaining systems that do not talk to one another. In 2026, when speed and agility matter more than ever, duplicated effort is a cost many employers can no longer afford. Errors That Ripple Across Departments Disconnected systems increase the risk of misalignment. A simple change, such as a salary update or benefits adjustment, can require coordination across multiple vendors. When systems are not integrated, even small inconsistencies can lead to: Incorrect payroll deductions Delayed or inaccurate retirement contributions Benefits enrollment discrepancies Insurance classification or coverage gaps These issues are rarely intentional. They are structural. And when they occur, they impact compliance, employee trust, and leadership confidence. The more vendors involved, the more potential points of failure. Limited Visibility into Workforce Data Today’s employers are expected to make data-driven decisions. But when workforce data is scattered across multiple platforms, clarity becomes harder to achieve. Leaders may struggle to accurately analyze total labor costs, forecast benefits spending trends, identify compliance vulnerabilities, or understand retention or engagement patterns. Without a unified view, decision-making becomes reactive instead of strategic. Employers often know they need better insight, but the systems in place make it difficult to access a full picture. The Real Cost Isn’t Just Vendor Fees Fragmentation does not just increase subscription costs. It creates hidden internal expenses that are harder to measure. Consider the cumulative impact of: Hours spent managing vendor relationships Time dedicated to troubleshooting integration gaps Implementation and training for multiple platforms Costs associated with compliance corrections Technology upgrades required to “bridge” disconnected systems Over time, these operational inefficiencies compound. Resources that could support growth initiatives, employee development, or strategic planning are redirected toward maintaining infrastructure. The financial impact is rarely immediate. It builds gradually. Employee Experience Suffers Quietly Employees feel the effects of fragmentation, even if they cannot articulate the cause. They may encounter multiple logins for payroll and benefits information, confusion about whom to contact for support, delays when issues require coordination between vendors, and inconsistent messaging across systems. In today’s environment, where employee experience influences retention and recruitment, friction matters. A disconnected backend often creates a disconnected front-end experience. Why More Employers Are Reconsidering Their Structure In 2026, employers are thinking beyond cost comparisons. They are asking how their workforce infrastructure supports scalability, compliance confidence, data clarity, leadership decision-making, and a seamless employee experience. Integration does not mean sacrificing expertise. It means aligning systems and services so they function together rather than independently. When HR, payroll/HCM, benefits, commercial insurance, and retirement services are coordinated through a unified structure, organizations gain: Reduced duplication of effort Stronger compliance alignment Clearer reporting and analytics More responsive support Greater operational efficiency Most importantly, leaders gain time and visibility to focus on strategy instead of system maintenance. A Strategic Moment to Evaluate Your Model March is often a natural checkpoint. The year is underway. Hiring plans are in motion. Benefits utilization data is emerging. Payroll trends are clearer. This is an ideal time to step back and assess whether your vendor structure is supporting your long-term goals or creating unnecessary friction. If your organization is juggling multiple providers for HR, payroll, benefits, commercial insurance, and retirement services, it may be worth exploring whether a more integrated approach could simplify operations and strengthen outcomes. At Simco , we work with employers who are ready to reduce complexity, improve alignment, and build infrastructure that supports growth rather than slows it down. The hidden costs of fragmentation rarely show up all at once, but addressing them intentionally can create measurable impact across your organization.

Have a question? Get in touch.