Crone & Mason, PLC is a pioneering law firm in the area of employee's rights, representing clients nationally in a wide range of employment related class actions and individual lawsuits, many of which with national importance, including overtime, wage and hour, personal injury, employment discrimination, financial fraud, minimum wage, and Fair Labor Standards Act -- FLSA.

The Fair Labor Standards Act FLSA is the federal overtime law setting wage and hour pay.  Crone & Mason, PLC’s overtime attorneys and lawyers wrote the following web sites seeking to educate clients and readers about mandatory overtime pay law: www.OvertimePayLaw.us, www.OvertimeScams.us, and www.StateOvertimeLaw.us.



 

Meal Periods and Rest Breaks

The FLSA does not require an employer to provide rest or meal breaks for their employees.  If your employer does provide rest breaks for short amounts of time this time should be considered hours worked.  If your employer gives you meal periods, this time is not considered hours worked if the break lasts at least 30 minutes and you are completely relieved of all work duties during that time. 

Some states do have laws that require rest breaks and meal periods.  State laws will overrule FLSA requirements on this subject and your employer must follow them.  See your state’s laws at [(State Overtime Law.com)]. 


On-Call Time

If you are required to stay on the job site or very close to it and cannot use the time for your own purposes, you are more than likely “on-call.”  This means that under the FLSA you should be paid for this time as hours worked.  A common example of being “on-call” is a hospital employee who is required to stay at the hospital but is allowed to eat, sleep, watch TV or engage in other personal activities.  These employees must be paid for the time they are “on-call.” 


Sleep Time

If you are on duty for less than 24 hours, sleep time is not counted as hours worked.  But if you are on duty for more than 24 hours you should be paid for sleep time as hours worked.  If your sleep time is interrupted by a call to work, then this interruption of your sleep must be counted as hours worked.


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