Periods of down-time during the workday are frequent in certain employment settings. For example, a receptionist who reads a book while waiting for the phone to ring or someone to come into the office must be paid for that time. The Fair Labor Standards Act generally defines the workday as the time period from “whistle to whistle.” That is, all the time between the start of an employee’s workday and the end of the workday is generally compensable time. Remember, an employer may hire an employee to do nothing but wait for something to happen. Such readiness to serve is compensable work. The Fair Labor Standards Act’s regulations specifically differentiates between on-duty and off-duty waiting time. Examples of on-duty waiting time include:
- a stenographer who reads a book while waiting for dictation;
- a messenger who works a crossword puzzle while awaiting assignments;
- a fireman who plays checkers while waiting for alarms; and
- a factory worker who talks to his fellow employees while waiting for machinery to be repaired.
- Completely relieved of duty;
- Relieved of duty for a long enough period of time to effectively use the time for his or her own purposes;
- Is told in advance that he/she could leave the job site; and
- He/she is told that he/she will not have to commence work until a definitely specified later time.