What Counts as Work Hours Under the FLSA?
Under the Fair Labor Standards Act (“FLSA”), employees must be paid for all hours worked. But what does “hours worked” actually include? Courts define it as time spent in physical or mental exertion required or controlled by the employer—and any time the employee is obligated to be on duty.
It includes not only active duties, but also time “suffered or permitted” by the employer—even if the employee works without explicit authorization. If the employer knows (or has reason to know) an employee is working beyond scheduled hours, that time must be compensated.
This rule extends offsite: work done away from the premises must be counted if the employer knows work is occurring. Employers can’t benefit from unauthorized labor while pleading ignorance—even if rules against such work exist.
When Is On-Call Time Compensable? (On Call Pay Colorado / Engaged to Wait)
An employee required to remain on employer premises or kept so close that personal time is effectively eliminated may be considered “on call” and thus working. But mere readiness—such as carrying a pager or being reachable by phone—does not always qualify as compensable time. Distance, mobility, and restrictions matter in determining whether the employee is “engaged to wait” or merely “waiting to be engaged.”
Are Meetings, Lectures, or Trainings “Hours Worked”?
Attendance at training or lectures does not count as hours worked if these criteria are all satisfied:
- Occurs outside regular working hours
- Voluntary attendance
- Not job-related
- No productive work performed during attendance
If the employer mandates attendance, or ties it to job continuity or conditions, it becomes compensable time.
How Are Travel Hours Counted Under FLSA?
Home to work (normal commute): An employee who travels from home before his regular workday and returns to his home at the end of the workday is engaged in ordinary home-to-work travel. This is true whether he works at a fixed location or at different job sites. Normal commuting is not work time and an employer is not required to pay for commuting time.
Special One Day Assignments: Travel time to and from special assignments is typically regarded as work time for which compensation must be paid. An example is an employee who is required to drive three (3) hours to and from a meeting in another city. This is not considered normal commute time. Instead, it is regarded as integral part of the “principal” activity which the employee was hired to perform and, therefore, must be treated as compensable.
Normal Travel During Work Hours: Time spent by an employee traveling as part of his or her principal work activity, such as travel between job sites during the workday, must be counted as hours worked.
Travel Away from Home Community: Travel away from home is any travel that keeps an employee away from home overnight. Travel away from home is clearly work time when it cuts across the employee’s workday. The time is not only hours worked on the employee’s regular working days during normal working hours, but also during the same hours on nonworking days. The Department of Labor does not consider time spent in travel away from home outside of regular working hours (as a passenger on an airplane, train, boat, bus, or automobile) as work time. Employers should check state law, however, to see whether the time is considered work time under state law.
Waiting Time: Engaged to Wait vs Waiting to Be Engaged
Not all waiting time is unpaid under the FLSA. Whether an employee must be compensated depends on the level of control the employer exerts over that time. Courts apply a distinction between “engaged to wait” and “waiting to be engaged.”
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Engaged to wait occurs when the employer controls the employee’s time—such as requiring them to stay at a specific location, be ready to act at a moment’s notice, or limit their ability to use the time for personal activities. In this scenario, the employee remains on the clock, and the time is compensable.
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Waiting to be engaged means the employee is off duty and free to use the time as they wish, without any meaningful restrictions. In this case, the time is not compensable.
Example: A cable technician assigned to a residential job arrives early and waits for the customer to return home. If the technician is required to remain on site, keep in contact with dispatch, and cannot leave or use that time freely, they are likely engaged to wait—and must be paid. Conversely, if the technician is told to take a break and is free to get coffee or handle personal matters, the time may count as waiting to be engaged, and does not require pay.
Why it matters: Employers must carefully evaluate whether their policies and practices effectively restrict an employee’s freedom during waiting periods. Misclassifying compensable waiting time can lead to wage violations and back pay liability. Likewise, employees should document the extent of their restrictions during downtime, especially in service or field-based roles.
Meal & Rest Periods, Vacation & Sick Leave
Under both Colorado labor laws and the Fair Labor Standards Act (FLSA), employers must correctly determine which breaks count as paid working time. Short rest breaks and longer meal periods are treated differently depending on the level of control an employer maintains during the break.
Rest breaks (≈20 minutes or less) are considered hours worked and must be compensated. These short breaks benefit the employer by improving efficiency and morale, so they are treated as paid working time even if the employee uses the time for personal reasons such as getting coffee or making a quick phone call.
Bona fide meal periods (typically 30 minutes or more) are generally not compensable, but only if the employee is completely relieved from duty during that time. The employee cannot be required to perform any work-related tasks—such as answering phones, monitoring equipment, or remaining on standby—and must be free to use the time for their own purposes. If the employee is required to remain on the premises or handle work-related responsibilities, that time becomes paid working time under the FLSA.
Example: If a warehouse employee eats lunch at their workstation while occasionally responding to radio calls, the lunch period is compensable. But if they are truly free from duties and can leave the premises, it is not.
Vacation, sick leave, and holidays are not considered “hours worked” under the FLSA. Employers are not required by federal law to provide paid time off for these periods, though many do so voluntarily. Because these are not counted as hours worked, they do not contribute to overtime calculations. However, some Colorado employers may be bound by company policy, union agreements, or state-specific wage laws that require payment of accrued leave.
Key takeaway: Employers should ensure their timekeeping and payroll systems accurately reflect when employees are relieved from duty during meal breaks, and employees should understand when break time counts toward paid working hours. Misclassification of meal or rest periods is one of the most common wage violations identified during Department of Labor (DOL) audits.
Recording Time: Timekeeping, Rounding & De Minimis Rules
Under the Fair Labor Standards Act (FLSA), employers are responsible for maintaining accurate records of all hours worked by non-exempt employees. Acceptable methods include time clocks, manual timesheets, or self-reported logs, as long as the system consistently captures all compensable work time.
If an employee voluntarily works beyond scheduled hours—such as checking emails after clocking out—and the employer knows or has reason to know, that time must be recorded and paid. Employers cannot ignore work performed off the clock.
There are two narrow exceptions under DOL guidance:
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De minimis time: Employers may disregard tiny amounts of time (typically just seconds or a couple of minutes) when tracking is impractical, such as walking between a time clock and work station. However, the exception cannot be used routinely or to avoid paying employees for regular, recurring work.
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Rounding: Employers may round time entries to the nearest five minutes, one-tenth, or quarter-hour—but only if the rounding averages out over time and does not consistently benefit the employer. If rounding results in underpayment, the practice violates FLSA.
Key takeaway: Timekeeping systems must be complete and neutral. Even small amounts of unpaid time—if regular—can trigger wage claims, DOL audits, or class action risk.
Experienced Colorado Wage and Hour Attorneys for FLSA Issues
At Baird Quinn, our Denver wage and hour lawyers assist both employers and employees in navigating complex wage compliance issues under the Fair Labor Standards Act (FLSA) and Colorado labor laws. We advise clients on everything from tracking work hours and on-call pay to DOL audits, employee misclassification, and unpaid overtime disputes.
Our employment attorneys have extensive experience defending employers in federal and state wage investigations and representing workers in litigation involving unpaid wages, improper deductions, or violations of Colorado scheduling laws. Whether you’re dealing with on-call time, engaged to wait disputes, or need guidance on FLSA travel time rules, we’re here to help.
Contact our Colorado FLSA lawyers for strategic guidance and strong legal representation.
Frequently Asked Questions About Counting Work Hours & On-Call Pay
What qualifies as “hours worked” under the FLSA?
Under the Fair Labor Standards Act (FLSA), “hours worked” includes all time spent in physical or mental exertion required or controlled by the employer. It also includes any time an employee is “suffered or permitted” to work, meaning if the employer knows (or has reason to know) an employee is working beyond scheduled hours, that time must be compensated.
Does Colorado require employers to pay for on-call time?
It depends on the restrictions placed on the employee. If on-call restrictions significantly limit an employee’s personal time—such as requiring them to remain on the premises or stay very close by—they are considered “engaged to wait” and that time is compensable. If the employee is free to use the time as they wish, they are “waiting to be engaged” and the time is usually unpaid.
Are meal breaks paid in Colorado?
Bona fide meal breaks of 30 minutes or more are generally unpaid, but only if the employee is completely relieved of all work duties. If you are required to remain at your desk, answer phones, or monitor equipment while eating, the break is compensable under both Colorado law and the FLSA.
What is the difference between “engaged to wait” and “waiting to be engaged”?
“Engaged to wait” occurs when the employer controls your downtime (e.g., waiting for a customer at a job site), and this time must be paid. “Waiting to be engaged” means you are completely off duty and free to use the time for your own personal activities, and this time does not require compensation.
Do employers have to pay for travel time?
While an ordinary daily commute is not paid, travel time can be compensable if it is part of your principal work activity. This includes traveling between job sites during the workday or traveling to a special one-day assignment in another city outside of your normal commute.