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Managing the Compensable Workday in a New Electronic World
The Fair Labor Standards Act (FLSA) requires employers to pay their employees a minimum wage for all hours worked in a workweek and to pay overtime to those nonexempt (i.e., hourly) employees in any workweek that exceeds 40 hours. All time from an employee's first principal activity of the day until the last principal activity, excluding meal periods, is compensable.
History
When Congress passed the FLSA in 1938, measuring (and controlling) the length of an employee's workday was relatively easy. An employee showed up to work, punched a time-clock (or signed a log sheet, or followed some similar method), recorded his or her departure from the worksite in the same manner as used on arrival, and was paid for the intervening time period, excluding only the generally preset lunch period. The routine seemed simple enough.
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