PHR · Question #163
In calculating regular wages, in what situations must the accounting manager pay all nonexempt employees?
The correct answer is D. Pay wages 8-9 a.m. (shift starts at 8 a.m.) due to time spent waiting for the product to arrive to be. Under the FLSA, 'engaged to wait' time - when an employee is on duty and waiting as part of their job - is compensable, while 'waiting to be engaged' before a shift begins generally is not.
Question
In calculating regular wages, in what situations must the accounting manager pay all nonexempt employees?
Options
- AThe employee arrives to work an hour early in an effort to beat the traffic.
- BCommuting time to and from the office.
- CPay wages 8-9 a.m. (shift starts at 10 a.m.) due to time spent waiting to hear whether the company
- DPay wages 8-9 a.m. (shift starts at 8 a.m.) due to time spent waiting for the product to arrive to be
How the community answered
(67 responses)- A12% (8)
- B3% (2)
- C4% (3)
- D81% (54)
Why each option
Under the FLSA, 'engaged to wait' time - when an employee is on duty and waiting as part of their job - is compensable, while 'waiting to be engaged' before a shift begins generally is not.
Voluntary early arrival time is generally not compensable unless the employer 'suffers or permits' the work - simply arriving early to avoid traffic without performing work duties does not trigger pay requirements.
Normal home-to-work commuting time is explicitly excluded from compensable hours under the Portal-to-Portal Act and FLSA and does not need to be paid.
Waiting from 8-9 a.m. when the shift does not start until 10 a.m. is 'waiting to be engaged' - the employee is not yet on the clock and is free to use that time as they choose, so it is not compensable.
When an employee's shift starts at 8 a.m. and they are present but waiting for materials or products to arrive before they can begin their tasks, this is classified as 'engaged to wait' under the FLSA. Because the shift has already commenced and the waiting is a functional part of the job, the employer must pay for this time. The employee is under the employer's control and cannot use the time freely for their own purposes.
Concept tested: FLSA compensable time - engaged to wait vs waiting to be engaged
Source: https://www.dol.gov/agencies/whd/fact-sheets/22-flsa-hours-worked
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