The driver is waiting to be engaged for the afternoon. (when the return trip begins) the down time would not be considered hours worked. Assuming the driver were then completely and specifically relieved from all duty until 6 p.m. and arriving at noon will be paid for all this time as hours worked. For example, a truck driver who is sent from Portland to Medford, leaving at 6 a.m. A repair person who waits for the client to get the premises in readiness.Įmployees who are completely relieved from duty for periods which are long enough for the employee to use the time effectively for their own purposes are waiting to be engaged – this time is not paid as hours worked.Įmployees are not completely relieved from duty and cannot use the time effectively for their own purposes unless they are told in advance that they may leave the job until a specified time.A factory worker who talks to fellow employees while waiting for machinery to be repaired, or.Where waiting is an integral part of the job, meaning the time spent waiting belongs to and is controlled by the employer and the employee is unable to use the time effectively for their own purposes, the employee is “engaged to wait.” Employees engaged to wait need to be paid for that time as part of hours worked. Wage and hour law divides waiting time into two categories: (1) Engaged to wait and (2) Waiting to be engaged. The requirement to report to work serves a clear business purpose benefiting the employer and is necessary for the smooth operation of the business. If I have to report to work before a scheduled shift in order to facilitate a smooth transition, should I be paid for the time? A bank teller counting the till before the business opens to the public.
Some examples of these compensable activities include: Preparatory and concluding activities are considered hours worked if the activities are an integral and indispensable part of a principal activity for which the employee is employed. Alternatively, employers could adopt a rounding system that always rounds hours in the employee’s favor. For example, employers could use a rounding system and adjust hours at the end of each pay period to capture hours worked that may have been excluded by the rounding system. While employers may apply a rounding system to the times when employees clock in and out, employers also need to implement precautions to ensure employees are getting paid for all work time each pay period. While the US DOL allows a more permissive “rounding” approach under the Fair Labor Standards Act, Oregon requires that employees be paid for all hours worked. District Court for Oregon issued a ruling that Oregon’s law about tracking and rounding work hours was different than federal law.
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