FLSA Hours Worked Advisor

Off Duty Waiting Time

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

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

1. your employee is completely relieved from duty;
2. the periods are long enough to enable your employee to use the time effectively for his or her own purposes;
3. your employee is definitely told in advance that he or she may leave the job; and
4. your employee is advised of the time that he or she is required to return to work.

All of the above requirements must be met or the employee is working while waiting. Whether the time is long enough to enable your employee to use the time effectively for his or her own purpose depends upon all of the facts and circumstances of the case.

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

To review the regulations on waiting time in general or the specific regulations concerning off duty waiting time, click on the underlined text.

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

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