What Counts as Hours Worked Under the FLSA—and the Stricter Rules Under Pennsylvania Law

If you’re an hourly employee, your paycheck should reflect every minute you spend working—not just the time your employer chooses to record.  But many workers lose pay each week for time they’re legally entitled to be compensated for.

Under both the Fair Labor Standards Act (FLSA) and the Pennsylvania Minimum Wage Act (PMWA), employees must be paid for all “hours worked.”  But what counts as “hours worked”?  And how do the FLSA and PMWA differ?

Pennsylvania law provides broader protections than federal law—meaning you may be entitled to more pay under state law than you think.

What Is “Hours Worked” Under the FLSA?

The FLSA requires that employees receive (i) at least the federal minimum wage for all hours worked, and (ii) one-and-one-half times their regular hourly rate for any hours worked over 40 in a week.

The FLSA defines “hours worked” to include:

• Time spent performing job duties (even if not productive).
• Short breaks (typically under 20 minutes).
• Training, meetings, and lectures if they are required.
• Waiting time if you cannot use the time effectively for your own purposes and are required to remain on duty.
• Travel time that occurs during the workday or between job sites.

However, the FLSA does not require payment for some activities unless they are deemed “integral and indispensable” to your principal job. For example:

• Time spent walking from the time clock to your workstation may not be covered under FLSA.
• Time spent in post-shift security screenings may be excluded, depending on the circumstances.

How the PMWA Goes Further Than the FLSA

The Pennsylvania Minimum Wage Act includes its own definition of “hours worked”—and it’s broader and more protective of workers than the federal standard.

The Pennsylvania Department of Labor & Industry regulations define “hours worked” to include:

• All time during which an employee is required to be on the employer’s premises, or to be on duty at a prescribed work place.
• All required travel time that occurs during an employee’s normal working hours.

For example, a warehouse worker required to pass through a security check after clocking out might not be compensated under the FLSA (depending on the facts), but must be compensated under the PMWA.

Real-World Examples of Compensable Time

Whether under federal or Pennsylvania law, courts have recognized that the following must be paid under certain circumstances:

• Putting on required safety equipment before a shift starts (e.g., steel-toed boots, hair nets, gloves, vests).
• Walking through the warehouse prior to clocking-in in order to reach designated timeclocks.
• Walking from the locker room to your workstation.
• Mandatory COVID screenings, security checks, or bag checks.
• Waiting for a machine to warm up before use.
• Answering work-related calls or texts after hours.
• Time spent logging into required software systems.
• Short rest breaks of 20 minutes or less.
• Training or meetings held outside of normal working hours, if participation is required.
• Travel time that is required as part of an employee’s duties.

What About Off-the-Clock Work?

Employers often violate the law by requiring or allowing employees to perform job duties off-the-clock.  Examples of off-the-clock work include:

• Your employer encourages you to “get ready” before clocking in.
• Your employer asks you to stay late to clean up but doesn’t let you punch back in.
• Your employer requires you to be on-site early “just in case,” without pay.
• Your employer asks you to perform job tasks during your unpaid lunch breaks.

What Can You Do If You’ve Been Underpaid?

• Document your time. Write down when you arrive, when you start working, and what tasks you perform before/after you’re clocked-in or out.
• Talk to coworkers. If this is a company-wide practice, you may be able to bring a collective or class action lawsuit.
• Speak with a wage and hour attorney. An attorney can help you recover back pay, liquidated damages (double pay), and attorneys’ fees.

You Work the Hours—You Deserve the Pay

Whether it’s 10 minutes here or 30 minutes there, unpaid time adds up. Employers don’t get to decide what counts as work—the law does. And in Pennsylvania, the law is on your side.

Wood Legal helps workers fight wage theft under both the Fair Labor Standards Act and the Pennsylvania Minimum Wage Act. Contact us today for a free, confidential case evaluation.