Ask the Expert: What Time Is Considered Compensable?

Question: What’s considered compensable time during the onboarding process under the Fair Labor Standards Act (FLSA)—for example, time completing paperwork before the start date, as well as time reviewing policies and procedures and completing training?

Answer: Under the FLSA, employees must be compensated for all working time. Even if the employer didn’t specifically request that the employee perform the work, the employee’s time usually is still compensable under the FLSA’s broad definition of “employ,” which encompasses time the employee is “suffer[ed] or permit[ted] to work.”

Time spent on onboarding tasks like training programs, watching videos, and attending lectures and meetings is compensable. Under Department of Labor rules, time is noncompensable only if a task occurs outside normal working hours, isn’t job-related, isn’t concurrently performed with other work, and is voluntary. Most onboarding tasks won’t meet all of these requirements for noncompensability.

Time spent completing onboarding tasks—even if performed in advance of the actual start date—is generally compensable. Such activities may include filling out paperwork, reviewing policies, or watching training videos. These tasks usually relate to the job, are mandatory for employment, and occur during business hours. Even if onboarding tasks are completed online or away from the worksite, these can still be related to the job and not voluntary.

Most onboarding tasks performed by an employee, even those performed before the actual start date, will constitute compensable working time under the FLSA.

Margaret Lohmann is an associate at Steptoe & Johnson PLLC in Bridgeport, West Virginia. She can be reached at maggie.lohmann@steptoe-johnson.com.

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