HR fast facts: Working hours under the Fair Labor Standards Act (FLSA)

Apr 17, 2026 | HR Corner, Intercom

Under the Fair Labor Standards Act (FLSA), hourly non-exempt employees may need to consider what hours should be included when recording hours worked, and what are not considered working hours. Below is a nice summary to help folks distinguish between the two.

Hourly workers and their supervisors should evaluate the time that they spend working to determine if hours are being reported properly. All time worked must be reported and paid, and workers may not “volunteer” their time if the activities fall within the scope of their assigned/regular job duties.

If a worker is engaged in genuine volunteer activities outside the scope of their job duties, that time would not be paid. An example may be volunteering with the Mobile Food Pantry.

More information is available in the Department of Labor Wage & Hour Division’s Fact Sheet #22.

NMC also has a policy regarding non-exempt (hourly) employees’ work hours.

Working Hours under the Fair Labor Standards Act (FLSA)

Category

Working hours (paid) include:

Non-working hours (unpaid) include:

Breaks and Meals
  • Short breaks (5–20 mins)
  • Working through lunch; “on-call” lunches (e.g., eating while answering phones)
  • Bona fide meal periods (30+ mins) where the employee is completely relieved of all duties

Travel
  • Travel between job sites/campuses
  • Travel that is a principle activity in an employee’s job
  • Travel that occurs during your normal workday
  • Normal commute from home to work
  • Any travel as a passenger outside of regular work hours

Waiting Time
  • “Engaged to wait” Time: Waiting for a machine to be fixed, waiting for a customer, or waiting for instructions at the worksite
  • Time “waiting to be engaged”: Completely relieved of duty with enough time to use the time for your own purposes

Training & Meetings
  • Required meetings
  • Training during work hours
  • Training directly related to your current job
  • Voluntary attendance
  • Outside normal hours
  • Not job-related
  • No productive work performed

Prep & Cleanup
  • Setting up equipment
  • Safety checks
  • Putting on/taking off specialized safety gear
  • Changing clothes at home
  • Normal hygiene

On-Call
  • Restricted on-call (must stay on-premises or so close you can’t use time for yourself)
  • Unrestricted on-call (just leaving a phone number and being free to go about your day)

Incidental Work
  • Correcting mistakes (“rework”)
  • Checking work emails/texts after hours
  • Staying late to “catch up”
  • Volunteering for a charity event (truly voluntary and outside work hours)
  • Social office parties

Note: The information in this table was organized with generative AI assistance (Gemini).

If you have any questions, feel free to reach out to Human Resources at hr@nmc.edu.