TRAINING LIBRARY Session 3 Content and Links

Wage & Hour: Time-Keeping-Advanced

Local, state and federal law – which law applies on wage & hour issues?

  1. Generally, whatever law is most favorable to employee will apply
    1. For example, states or cities may have higher minimum wage
    2. States may also regulate deductions, overtime, meal periods, etc.

Relevant Resources:

USDOL Fact Sheet:  

State Law Resources:

 Working Time/Off-The-Clock Work

  1. Must pay non-exempt workers at least minimum wage for all hours worked
  2. “Working time” includes:
    1. Any time employer knows, or has reason to know, the employee is performing duties primarily for employer’s benefit
    2. “Unauthorized” time that employee actually worked
      1. This is a discipline issue, not a pay issue
    3. Breaks less than 20 minutes
    4. Training/orientation for current job
    5. Training for a promotion
    6. Mandatory meetings
    7. Travel between restaurants
    8. Work-related errands
    9. Performing work at home (e.g., phone calls, text messages, emails, etc.)
    10. Waiting time - required to stay at work even if not performing duties
  3. “Working time” does not include:
    1. Uninterrupted 30 minute meal period/employee is relieved of all duties
    2. Commuting to/from home
    3. Voluntarily taking classes at a local college
  4. NO WORKING OFF THE CLOCK EVER! (not even for minute tasks)
    1. Must have policy prohibiting off-the-clock work
    2. Must enforce the policy strictly!
  5. “Regular rate of pay” may include incentive bonuses, etc.
  6. Comp time can never be substituted for overtime
  7. Once Employer sets the “workweek,” it cannot be adjusted
    1. Workweek = 7 consecutive 24-hour periods (e.g. Mon – Sun, Sat – Fri)
    2. Overnight shifts may fall into 2 different workweeks
  8. How long should time records be kept? (at least 6 years) 

Relevant Resources: 

USDOL Fact Sheets:

State Law Resources:

  Meal and Rest Breaks

  1. Under federal law, short rest breaks are included in work time and must be paid
  2. Meal periods may be unpaid and must be at least 30 minutes
    1. Must be relieved of all duties and uninterrupted for 30 minutes
    2. If any work is performed during the 30 minutes, employee must be paid
  3. State laws may have additional requirements 

Relevant Resources:

USDOL Fact Sheet: 

State Law Resources:

Wage & Hour: Time Editing & Recordkeeping
Time Editing

    1. Law requires employers to keep time records
      1. Employers must pay for all actual hours worked
      2. Employees must punch in/out at start and end of shift
      3. No work must be performed before punch in or after punch out
      4. Employees must punch out/in for all meal breaks
      5. Employers must keep records of all other rest breaks
    2. Balancing/Editing time records
      1. Each day, managers must balance the previous day
        • Punch ins and punch outs must match
      2. May edit time records only
        • To ensure accuracy of time records
        • When authorized manager signs edits
        • When employee signs edits

Working at Multiple/Related Stores

    1. Stores that are managed by same management group, even if they are separately incorporated and have different FEIN numbers, are considered single employer for purposes of calculating employee overtime
    2. If employee works at multiple stores, his/her hours at all stores combined in a workweek must be used to calculate overtime



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