FLSA Hours Worked Advisor

Off Duty Waiting Time

Off duty waiting time or layover time is a period during which you are waiting to be engaged and is not hours worked.

Off duty waiting time or layover time is not hours worked if:

1. You are completely relieved from duty;
2. The periods are long enough to enable you to use the time effectively for your own purposes;
3. You are definitely told in advance that you may leave the job; and
4. You are advised of the time that you are required to return to work.

Your employer must meet all of the above requirements or you are working while waiting. Whether the time is long enough to enable you to use the time effectively for your own purposes depends upon all of the facts and circumstances of the case.

For example, you are a truck driver sent from Washington, D.C., to New York City, leaving at 6:00 a.m. and arriving at 12:00 noon. If you are completely and specifically relieved from all duty until 6:00 p.m. when you again go on duty for the return trip, you are waiting to be engaged and the time is not hours worked.

For information about On Duty Waiting Time or On-Call Waiting Time, click on underlined text.

For more information, please contact your local Wage and Hour District Office.

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