Are
Incidental Activities Compensable?
In addition to the principal duties that you hire an employee
to perform — and for which that employee must be paid — are
incidental activities. Some incidental activities are
compensable, that is, you must pay the employee for performing
them. Others, however, are not compensable, and you do not have
to pay an employee for the time it takes to do them.
Use the chart below to help you determine if an employee's
incidental activities are compensable or not.
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If you need more specific information, check
the detailed
chart in our Business Tools
section.
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Compensable Incidental Activities |
Noncompensable Incidental Activities |
Time spent doing things that are generally a part of
principal duties, regardless of when they are performed.
Examples: Setting up a machine for a
particular job, passing out work-related materials to
employees.
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Time spent by employees on changing clothes and
washing up can be excluded from hours worked, even
though the nature of the employee's principal duties
makes these an integral part of those duties. |
Time spent is for the employer's benefit.
Example: Rest periods of up to 20 minutes
(rest period requirements differ according to state
law.
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Time spent during the workday on activities other than
the principal duties if the employee is freed from
duties for a specific amount of time that is
sufficiently long enough for the employee to use at his
or her discretion.
Example: Meal periods, long periods (hours) of
down time between jobs.
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Time spent that is controlled by the employer that the
employee cannot use it for his or her own purposes.
Example: Remaining on-call or near the
employer's premises or waiting for work to be assigned.
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Time that the employer allows employees to spend
working beyond the end of a shift or workday.
Example: Allowing employees to remain after
their shift is over to correct errors or prepare
records.
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Time spent resulting from a request by the employer.
Example: Doing charitable work at the
employer's request or participating in certain
activities at the employer's request.
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Time spent on activities performed before or after the
workday (other than principal duties) if compensable
under a contract or by the employer's custom or
practice.
Example: Either under custom or contract,
paying employees for the time it takes an employee to
travel from home to the workplace (more likely to occur
if the workplace is not where the business's offices or
headquarters are and an employee has to be dispatched to
a remote worksite).
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Time spent on activities performed before or after the
workday (other than principal duties) if deemed not
compensable by a contract, absence of a contract, or
custom or practice.
Example: Walking, riding, or otherwise
traveling to and from work, waiting in line to punch in
or out, waiting in line for a paycheck.
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