ABA Family Legal Guide

Law and the Workplace

On the Job

Wages and Hours

What does the law consider as an "hour worked"?

Generally speaking, hours worked include all the time spent by employees performing their job duties during the workday. When a worker's job requires travel during the workday, such as a service technician who repairs furnaces at customers' homes, the time spent traveling is considered "hours worked." Preparatory time spent prior to the start of the workday that is required in order to perform the job is considered hours worked. For example, workers who have to sharpen their knives at a meat-processing plant, or workers who are required to wear special protective clothing at a chemical plant, would have to be compensated for the time spent sharpening their knives or changing their clothes. Mandatory attendance at lectures, meetings, and training programs is considered hours worked. Also included in hours worked are rest periods and coffee breaks shorter than twenty minutes.

The following activities are generally not considered hours worked for purposes of minimum wage compensation: