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What law governs work hours in the US?

The Fair Labor Standards Act (FLSA) sets work hours regulations in the US federally, ensuring that most employees receive minimum wage and overtime pay.

As per the FLSA, workers must be paid time-and-a-half for any work hours that surpass 40 hours in a week, with certain salaried employees in specific roles being exempt from this requirement.

 

What are work hours in the US?

There is no set limit in US law (the FLSA) on the number of hours that employees (16 and above) can work in a workweek.

However, according to the OSHA, a normal work shift is generally eight consecutive hours of work daily, for five days weekly, and a minimum of eight hours of rest.

As such, shifts having longer continuous hours, requiring more consecutive work days, or demanding evening work are to be regarded as extended or unusual.

Extended shifts can be opted for when resources are scarce and are not penalized by law.

 

How are work hours paid for in the US?

Every hour worked in the US within a 40-hour workweek must be compensated at least the minimum wage—$7 federally. 

Any work beyond 40 hours in a week counts as overtime and is paid at one and one-half times the employee’s regular rates of pay.

 

Do breaks count as work hours in the US?

While federally not mandated, in general, short breaks (5-20 minutes), if offered in the US, are considered part of an employee’s work hours and should be compensated for. 

Meal breaks, which are typically 30 minutes or longer and are also not legally mandated, if offered, usually don’t count as work hours unless the employee is required to work during the break (for example: secretaries that must pick up phone calls during lunch).

Learn more about: Labor Laws in the US

Cup, keyboard, clock and glasses displaying work hours

Photo by TaniaRose on Pixabay

 

Should employers calculate work hours in the US?

Employers should track the work hours of employees in the US as they are required by the federal FLSA to keep certain records for each worker, including data about the hours worked each day and the total hours worked each workweek.

The law requires this information to be accurate. 

Incorrect hour tracking, especially regarding overtime or breaks, can lead to legal violations, resulting in fines, lawsuits, or damage to the company’s reputation.

 

Actionable tips for employers on how to efficiently track work time:

  • Implement a Clear Time Tracking System: Establish a standardized system for tracking work hours, whether through manual logs, time clocks, or software, so employees consistently record their hours.
  • Encourage Regular Clock-ins and Clock-outs: Remind employees to clock in and out consistently at the start and end of each shift, as well as for breaks, to ensure accurate work hour records.
  • Review Time Entries Regularly: Regularly audit work hour records to identify any discrepancies or inconsistencies and address them promptly to prevent payroll errors.
  • Monitor Overtime: Set up a process for reviewing work hours frequently to spot any overtime early, ensuring employees are compensated properly and avoiding labor law violations.
  • Track Breaks and Meal Periods: Ensure that break times and meal periods are logged correctly and in compliance with labor laws to avoid confusion about paid vs. unpaid hours.
  • Use Time Rounding Wisely: If using manual tracking methods, consider rounding work hours in accordance with company policy to simplify record-keeping, but be transparent with employees.
  • Use Time Tracking Tools: Leverage time tracking software or apps to automatically log work hours, reducing human error and ensuring accuracy.