Home-workers
A home-worker is any person who is employed to do their work at home. Some examples of this type of work include:
- seamstress
- data processor
- telephone surveyor
- bookkeeper
- craft piecework
All of the time that you spend working in your home should be counted as hours worked. This does not include all of the time you are at home, including your private day-to-day activities that do not pertain to your work.
Office Workers
Most office and clerical workers are “nonexempt,” which means they are entitled to overtime pay if they work more than 40 hours in a workweek. Problems commonly arise when employers do not include certain activities as hours worked that should be counted.
Resident Employees
These are employees who are required to live on the premises for their job:
- apartment complex manager or maintenance person
- house parent in group home
- resident assistant in a dormitory
There are many problems that exist in these types of work arrangements.
- you are not paid for hours that you are required to be on the premises when you are eating or sleeping, but you are on call for your job duties during that time
- the agreement or contract is not clear on the hours you are required to work and the hours you have for personal time
- the agreement or contract implies you should be paid, but you are not paid
General Rules
- All of the hours you are required to be on the premises should be counted as hours worked.
- All of the time you spend working should be counted as hours worked.
Salaried Employees
The FLSA does not require overtime pay for salaried employees if certain other conditions are met.
Consider the following factors:
Training & Apprenticeships
Whether trainee, students, or apprentices are employees subject to the FLSA overtime provisions depends upon their job activities.
If you are an “Apprentice,” then you might not be due overtime pay or minimum wage law requirements. Some employees learn a trade through on-the-job training and additional classroom training usually held outside of working hours.
An informal agreement to treat the time spent in related instruction as hours worked does not meet this requirement. The agreement that the time spent is hours worked must be in writing.
Check with an attorney if you are not sure if your agreement meets the requirement or not.