1. (1) An FLSA non-exempt employee shall be compensated for any hours worked. Management may discipline an employee who works unauthorized overtime.

   1. (a) Any time that an FLSA non-exempt employee waits for an assignment while on duty, before reporting to duty, or before performing activities counts as hours worked.

   2. (b) Time spent waiting after being relieved from duty is not hours worked if one or more of the following conditions apply:

      1. (i) the employee arrives voluntarily before their scheduled shift and waits before starting duties;
      2. (ii) the employee is completely relieved from duty and allowed to leave the job;
      3. (iii) the employee is relieved until a definite specified time; or
      4. (iv) the relief period is long enough for the employee to use as the employee sees fit.

KEY: breaks, telecommuting, overtime, dual employment

Date of Last Change: January 21, 2026

Notice of Continuation: March 9, 2022

Authorizing, and Implemented or Interpreted Law: 34A-2-114; 63A-17-106; 63A-17-602; 20A-3-103