The Fair Labor Standards Act (FLSA) generally applies to hours actually worked. It does not require employers who are unable to provide work to non-exempt employees to pay them for hours the employees would have otherwise worked.

How many hours per day or per week can an employee work?

The Fair Labor Standards Act (FLSA) does not limit the number of hours per day or per week that employees aged 16 years and older can be required to work. However, covered nonexempt employees must receive overtime pay for hours worked over 40 per workweek (any fixed and regularly recurring period of 168 hours – seven consecutive 24-hour periods) at a rate not less than one and one-half times the regular rate of pay.

NOTE: Hours worked ordinarily include all the time during which an employee is required to be on the employer’s premises, on duty, or at a prescribed workplace.

Can an employee be required to perform work outside of the employee’s job description?

Yes. The Fair Labor Standards Act (FLSA) does not limit the types of work employees age 18 and older may be required to perform. However, there are restrictions on what work employees under the age of 18 can do.

This is true whether or not the work asked of the employee is listed in the employee’s job description.

Trivino Perez & Associates is operating virtually with full access to phone and email communication during our regular business hours. Our physical office is currently closed in adherence to Governor Newsom’s March 19, 2020 Order N-33-20. Please refrain from communication by mail in order to reduce the spread of viruses and other illnesses being transmitted on physical documents.

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