Employees are entitled to compensation for ‘all hours worked’ which is defined as all the time the employee is (a) subject to the control of the employer, and (b) all the time the employee is ‘suffered or permitted to work’.
Set forth below are common employer actions which employees are not paid for all hours worked:
1. Restricted Medal Periods – an employee is entitled to be paid for medal periods if prohibited from leaving the workplace even if the meal period is taken on or before the fifth hour.
2. Security Searches – Employees are entitled to be paid for all time they remain on the work premises while security checks are made.
3. Unpaid On-Call Time – Employees often have to be on-call, where they are required to stay by their phone or computer for a possible call to return to the workplace. If these employees are unable to engage in non-work activities they remain under the control of the employer and must be paid for all on-call time worked.
4. Travel, Unpaid Meetings and Training – Employees are entitled to be paid for all time travelling outside their normal workplace and to locations that are not local. Employees are also entitled to be paid for any required meetings, training classes and even Company parties if required to attend.