- FLSA Hours Worked Advisor
Sometimes when the employee arrives at work, at the time you directed him or her to be there, you send your employee home before any work is performed. The FLSA does not require the employer to consider any of the time as hours worked or to give the employee show-up pay.
For example, an employee of a roofing company arrives for work at 8:00 a.m., as he or she was told to do. The employer tells him or her that they will not be working that day because it is too cold. The employee is sent home. Since the employee did not perform any work, the FLSA would not require the employer to consider any of the time as hours worked or to give the employee show-up pay.
However, some employers and employees have informal or contractual agreements (Collective Bargaining Agreements) which require a set number of hours be considered hours worked. Some States also have such a requirement.