What counts as work time?
Under the Fair Labor Standards Act, or FLSA, work time includes all hours an employee is allowed or required to perform duties for the benefit of the employer, whether on‑site, off‑site or outside scheduled shifts.
Key things to know
Under FLSA:
- Nonexempt employees must be paid for all hours worked.
- Meals and breaks have specific criteria that affect how time is recorded.
- Some travel time and training time may count as work time.
Activity-based work time guidelines for nonexempt employees
Non-meal breaks of 20 minutes or less are compensable and count as hours worked as long as the employee remains on the work premises.
Employees called back outside their regular hours must be paid for the actual hours worked. Such employees will be paid for a minimum of two hours except in the following circumstances:
- The employee was on stand-by status when called back; or
- The employee was called back during the two-hour period immediately prior to the beginning of the employee's next regularly scheduled work shift.
Only hours actually worked will be credited in determining eligibility for overtime compensation.
Employee travel from home to work is not considered work time and is generally not compensable. Travel time from home to the work location is compensable if the employee has a 100% remote work agreement and is required to travel to the work location.
Managing nonexempt employee time flexibly requires careful scheduling to ensure all hours worked are accurately tracked and compensated. Supervisors may rearrange work schedules within the workweek to avoid unnecessary overtime when travel or special assignments create additional compensable hours, provided all actual hours worked are recorded and paid. The decision to change the employee's work schedule is not the employee's responsibility and must be managed and approved by the immediate supervisor.
Time is recorded as it is worked. It is prohibited for supervisors and employees to make special arrangements "off the books." All time worked must be compensated during the workweek in which it occurs.
Flexible arrangements, such as adjusting start/end times or modifying shifts, can support employee needs while keeping K-State compliant with FLSA requirements. Clear communication and consistent practices help ensure flexibility does not lead to off-the-clock work or unrecorded time.
Example: Flexible schedule in the same work week
Kathryn organizes events for her department. She regularly works 8 am-5 pm, Monday-Friday. On Tuesday and Wednesday, she hosts a two-day event that requires her to arrive at 7 am for setup each day. On Tuesday, she works through lunch to set up an exhibit and hosts the evening social, which ends at 7 pm. On Wednesday, Kathryn again works through lunch. The event ends at 4 pm but Kathryn works until 5 pm cleaning up from the event. Kathryn’s supervisor has approved letting Kathryn flex the extra time on Friday.
How many hours will Kathryn work on Friday?
Kathryn’s hours for the week:
- 8 hours Monday (8 am-5 pm)
- 12 hours Tuesday (7 am-7 pm with a working lunch)
- 10 hours Wednesday (7 am-5 pm with a working lunch)
- 8 hours Thursday (8 am-5 pm)
38 hours worked Monday-Thursday
Kathryn will work 2 hours on Friday
What if Kathryn’s event had fallen on Thursday or Friday of the workweek?
The supervisor could allow Kathryn to flex the time earlier in the week.
Meal periods that last 30 minutes or more and where the employee is completely relieved of duties are not counted as work time. If the employee conducts any work during the period, the time becomes compensable. Supervisors should be clear about expectations for meal periods.
The FLSA requires employers to provide reasonable unpaid break time and a private, non‑bathroom space for employees to express breast milk for up to one year after a child's birth. Employees may take breaks as often as needed, and the time required varies by individual needs and setup logistics. HR Employee Relations and Engagement should be engaged for any questions regarding nursing mother break time.
On-call time is compensable when an employee is required to remain on the employer’s premises or under such significant restrictions that they cannot use the time effectively for their own purposes. If employees can use the time freely and only need to remain reachable, it is generally not considered hours worked. On-call time is recorded as hours worked at the regular rate of pay.
Preparatory and concluding activities that are an integral part of the employee's work are compensable. Examples include: turning on machinery or equipment and conducting safety checks, filing away documents at the end of a shift or changing into special clothes that are required for the job.
Standby compensation is paid if an employee is required to remain available to an employer within a specified response time but is otherwise free to engage in personal pursuits. If employees only need to leave contact information or stay within a reasonable callback radius, the time is not compensable. Department on-call policies should clearly define the expectations for employees on call.
The stand-by rate of compensation is set by the university and can be referenced in PPM chapter 4220.060. If an employee is called in to work, the employee will be compensated for the actual hours worked, but will not be paid stand-by compensation for those hours. Hours on stand-by pay are not considered when determining hours worked for overtime purposes.
Attendance at training sessions, meetings or conferences is compensable unless ALL four of the following statements are true:
- Training takes place outside the employee’s normal work schedule
- Attendance is voluntary
- The training is not related to the employee’s job
- No work is performed during the event
Travel time for nonexempt employees is generally compensable when the travel is business-related, but may vary in each situation. The travel under the FLSA page provides guidance for when travel is compensable. Supervisors and managers should contact their HR liaison for more situation-specific guidance as needed.
Nonexempt employees must be paid for all hours worked, including time spent checking email, responding to messages, taking calls or performing any work tasks outside their scheduled hours. Any off-the-books agreements, such as asking an employee to “just handle something quickly” without reporting the time, are prohibited under the FLSA and create compliance risk for both the supervisor and the university.
Leaders should reinforce that all work must be recorded, and they should set clear expectations to prevent unauthorized or unreported after‑hours work. Repeated offenses can result in disciplinary action and Employee Relations and Engagement should be consulted.
If an employee is unable to use time effectively for personal purposes while waiting for work, instructions or preparation of the work site, then the time is considered to be working time. These instances are usually of short duration. For example, an employee waiting on machinery to arrive or be prepared, a keyboard operator waiting on software to be installed or an administrative employee waiting on seminar participants to arrive or depart would be considered working.
Work time support
Employees and supervisors may find the following resources helpful:
- FLSA FAQs – Quick answers to common questions.
- Overtime and compensatory time – How extra hours are handled.
- Travel under the FLSA – Detailed guidance and examples.
- Supervisor basics – Supervisor responsibilities under FLSA.
- FLSA basics: Understanding Exempt and Nonexempt Classifications.
Employees and supervisors are encouraged to work with their manager or HR liaison for questions related to business travel, training time and work time under FLSA.
For questions that require additional review, HR liaisons may involve HR Compensation and Organizational Effectiveness for guidance on FLSA interpretation and compliance.