Hours Worked: What You Need to Know About Its Legal Definition

Definition & Meaning

Hours worked refers to the total time an employee is under the control of their employer. This includes all periods when the employee is allowed or required to work, regardless of whether they are explicitly instructed to do so. The concept emphasizes that any time spent performing work duties, or being available to work, is counted as hours worked.

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Real-world examples

Here are a couple of examples of abatement:

Example 1: An employee who stays late at the office to finish a project, even though they were not specifically asked to do so, is still considered to have worked those additional hours.

Example 2: A worker who is on call and must be available to respond to work-related issues, even if they are not actively working, counts those on-call hours as hours worked. (hypothetical example)

State-by-state differences

State Key Differences
California Strict regulations on overtime and required breaks.
New York Specific rules regarding on-call hours and compensation.
Texas Less stringent on break requirements; focuses on hours worked.

This is not a complete list. State laws vary, and users should consult local rules for specific guidance.

Comparison with related terms

Term Definition Key Differences
Hours Worked Total time under employer control. Includes all time permitted to work.
Overtime Hours worked beyond the standard workweek. Specifically refers to extra hours eligible for higher pay.
On-call Time Time when an employee must be available for work. May or may not be compensated as hours worked.

What to do if this term applies to you

If you believe your hours worked are not being accurately recorded or compensated, consider the following steps:

  • Review your employment contract and company policies regarding hours worked.
  • Keep a personal log of your hours worked for reference.
  • Discuss any discrepancies with your employer or HR department.
  • If necessary, seek legal advice or explore US Legal Forms for templates that can help you address the issue.

Quick facts

  • Typical fees: Varies by state and employer policies
  • Jurisdiction: Employment law
  • Possible penalties: Back pay, fines for non-compliance with labor laws

Key takeaways

Frequently asked questions

Hours worked includes any time you are under the control of your employer, including on-call time and breaks if required to stay on the premises.