We use cookies to improve security, personalize the user experience,
enhance our marketing activities (including cooperating with our marketing partners) and for other
business use.
Click "here" to read our Cookie Policy.
By clicking "Accept" you agree to the use of cookies. Read less
Understanding Employment Waiting Time: Legal Insights and Implications
Definition & Meaning
Employment waiting time refers to the period when employees are on duty but not actively engaged in work. Under the Federal Labor Standards Act, employees are entitled to compensation for waiting time while on duty. However, if employees are off-duty but required to be on-call, the compensability of that time depends on several factors. These include whether employees can engage in personal activities during on-call time, any agreements made with the employer regarding on-call duties, and the extent of control the employer has over the employee's time.
Table of content
Legal Use & context
This term is primarily used in labor law, particularly concerning wage and hour regulations. It is relevant in cases involving employee compensation and can impact various employment agreements. Users can manage related legal forms, such as on-call agreements or compensation claims, using templates provided by US Legal Forms.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
(hypothetical example) An employee is required to remain on-call during their off-duty hours. If they are not allowed to leave the area and must stay near their phone, this waiting time may be compensable. Conversely, if the employee can engage in personal activities and is only required to check in occasionally, they may not be entitled to compensation for that time.
Relevant laws & statutes
The primary statute governing employment waiting time is the Federal Labor Standards Act (FLSA). This act outlines the conditions under which employees must be compensated for waiting time and on-call duties. Other state-specific labor laws may also apply.
State-by-state differences
State
Compensation for Waiting Time
California
Generally requires compensation for on-call time if the employee is not free to engage in personal activities.
New York
Similar to California, compensation is required if the employee is restricted in their activities during on-call time.
Texas
Compensation is less clear and may depend on specific employment agreements.
This is not a complete list. State laws vary and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
On-call time
Time when an employee is not working but must be available to return to work if needed.
Waiting time
Time when an employee is on duty but not actively performing work tasks.
Compensable time
Time that must be paid to an employee under labor laws.
Common misunderstandings
What to do if this term applies to you
If you believe you are entitled to compensation for waiting time, review your employment agreement and consider documenting your on-call hours. You may explore US Legal Forms for templates to help draft compensation claims or agreements. If the situation is complex, seeking professional legal advice is recommended.
Find the legal form that fits your case
Browse our library of 85,000+ state-specific legal templates.