Top Ten Compensable Time Issues For Non-Exempt Employees

Wage and hour lawsuits outpace all other types of employment litigation, and federal and state labor departments continue vigorous enforcement in this area.  Under the Fair Labor Standards Act ("FLSA"), employees are categorized as either exempt or non-exempt.  Exempt employees are paid a salary for all hours worked and do not receive overtime pay.  Exempt employees must meet certain criteria under the FLSA to qualify as exempt based on the primary duties of the employee's job and they must be paid on a salary basis.  Non-exempt employees are generally paid on an hourly basis.  They must be paid for all hours worked in a workweek and receive overtime pay if they work over forty hours in a workweek.  So, in order to calculate the amount of money a non-exempt employee should receive, an employer must determine the number of hours of work or "compensable time."  Compensable time or working time is defined as any time the employer permits or allows an employee to perform