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:,, and


Waiting Time

Time spent waiting or standing-by must be paid if it is part of the labor specified the employee/employer agreement.  It does not matter if other amusement or entertainment activities are allowed or even provided during the stand-by time frame.  Employers may choose and contract for labor whose express purpose is “to do nothing, or to do nothing but wait for something to happen.”

There are two types of waiting time. 

  1. On duty waiting time should be counted as hours worked.  This includes employees who are away from the employer’s location
  2. Off duty waiting time should not be considered hours worked.  Some factors to determine if you are truly “off duty” include:
    • you are completely relieved from duty
    • you can use the time waiting for your own purposes
    • you are told in advance that you can leave the job
    • you are told a specific time that you must return to work

As a general rule, the FLSA does not require compensation for hours worked and overtime if you are not required to stay on the job site and you can use the time for your own personal benefit.

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