Time spent in resolving disputes between an employee and
employer during the workday should be counted as hours worked. If the employee is represented by a labor
union, the counting of dispute resolution time will usually have been
determined already by an earlier collective bargaining process or agreement.
Physical Exams, Fingerprinting and Drug Testing
After being hired, employers might require you to
take certain tests before you begin working and during your employment. These tests may include physical exams,
fingerprinting for background checks, and drug testing. Time that you take out of your day, including
travel time, to get the testing done should be counted as hours worked. This includes time during your normal working
hours and time during your non-working hours.
Your employer is required by the FLSA to pay you for time that is spent
undergoing such tests.
Misclassification of employees as exempt, or not due
overtime pay under the FLSA, is one of the most common ways employers try to
get out of paying overtime and/or minimum wage. Employers usually give an
employee a certain title. The job
requirements, and not title, will or will not exempt that employee from
receiving overtime pay. To make sure
you are not improperly classified as exempt, look at your specific job duties
and responsibilities and see if they fit into an exemption. If not, your employer may have misclassified
you into an exempt profession when you really are entitled to overtime and
protection under the FLSA. Please see
Managers, Supervisors, Assistant Managers and Associate Managers and
Executive, Professional & Administrative Employees for more specific
descriptions of some properly exempted categories of workers.