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FLSA Hours Worked Advisor

Alert: The Wage and Hour Division is providing information on common issues employers and workers face when responding to COVID-19, including the effects on wages and hours worked under the Fair Labor Standards Act and job-protected leave under the Family and Medical Leave Act.

The Fair Labor Standards Act (FLSA) Hours Worked Advisor provides employers and employees with the information they need to understand Federal requirements that all covered, nonexempt employees be paid at least the minimum wage for all hours worked. A workweek, which can begin on any day of the week, is seven consecutive 24-hour periods or 168 consecutive hours.

To review coverage or exemptions under the FLSA, click on the underlined text.

The amount of pay due an employee cannot be determined without knowing the total number of hours actually worked by that employee in each workweek. An employee must be paid for all of the time considered to be hours worked and all time that is hours worked must be counted when determining overtime hours worked.

The Hours Worked Advisor will help employees and employers determine which hours an employee spends in work related activities are hours worked. The Advisor applies the principles involved in making that determination under the FLSA to common situations occurring in the workplace.

The Advisor does not include every possible situation. No conclusion should be drawn from the fact that a subject or an illustration may not be included.

Before using this Advisor, you may want to review a brief explanation of what the FLSA requires and what the FLSA does NOT require.

The FLSA Hours Worked Advisor is one of a series of elaws (Employment Laws Assistance for Workers and Small Businesses) Advisors developed by the U.S. Department of Labor (DOL) to help employers and employees understand their rights and responsibilities under Federal employment laws. To view the entire list of elaws Advisors please visit the elaws website. To learn more about DOL's efforts to promote and achieve compliance with labor standards in place to protect and enhance the welfare of the nation's workforce, visit the Wage and Hour Division (WHD) website.