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No-show pay

If an hourly, non-exempt employee is assigned work to a consumer in their home, and the consumer is not available to to the employee for the work to be performed, is the employer required to pay the worker even though they did not perform their assigned work.

The federal Fair Labor Standards Act (FLSA), which establishes wage and compensation guidelines, requires non-exempt employees be paid for all hours worked in a workweek. Non-exempt employees must receive at least minimum wage per hour worked and overtime pay at a rate not less than one and one-half times their regular rate of pay for all hours worked over 40 in a workweek.

Under the FLSA, non-exempt employees must be paid for all hours actually worked. Employees must not be paid for time not worked. However, the travel time may be compensable depending upon the nature of the job. Under the FLSA, time spent by an employee in travel as part of their principal activity, such as travel from job site to job site during the workday, is work time and must be counted as hours worked. Conversely, an employee who travels from home before the regular workday and returns to his home at the end of the workday is engaged in ordinary home to work travel, which is not compensable work time.

This entry was posted on Wednesday, October 1st, 2014 at 7:37 pm and is filed under
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