#employee-hours
Track employee hours for payroll and compliance
Under 29 CFR 778.114, a fixed salary can compensate all hours worked, so overtime costs only a half-time premium — $80 instead of $300 on a 50-hour week at an $800 salary. This guide covers the math, the five conditions, the 2020 rule on bonuses, and the state-law bans in Alaska, California, New Mexico, and Pennsylvania.
Under the FLSA, an employee who works two hourly rates in one workweek earns overtime on the weighted average of those rates, not either rate alone — and because straight time is already paid, only the half-time premium is still owed. A worked example (45 hours at $20 and $30 gives a $23.33 regular rate and $58.33 in premium pay), the five errors that trigger back-wage claims, and the records that prove your math.
Under the FLSA's suffered-or-permitted standard (29 CFR 785.11), a nonexempt employee's four-minute reply to a 9 p.m. text is compensable work if you knew or had reason to know it happened, and the de minimis rule in 29 CFR 785.47 rarely covers timestamped, recurring message time. This guide covers exempt-vs-nonexempt classification at the $684-per-week salary floor, the four timekeeping setups that manufacture violations, the two-to-three-year lookback with doubled liquidated damages, and a five-habit compliance playbook for small employers.
Federal law lets employers exclude up to eight hours of sleep time from a shift of 24 hours or more — never from a shorter one — and only with adequate sleeping quarters, usually uninterrupted sleep, and an agreement. Every interruption is paid, and fewer than five consecutive hours of sleep makes the entire window compensable.
When clocks fall back at 2:00 a.m. on November 1, 2026, a scheduled eight-hour overnight shift becomes nine paid hours under the FLSA — and that ninth hour counts toward the 40-hour overtime threshold. Spring forward is not the mirror image: the hour never worked may be paid voluntarily but is excluded from the regular rate and cannot offset real overtime.
Under the FLSA, on-call hours are paid when employer restrictions keep an employee from using the time freely — the "engaged to wait" test. This guide covers the control factors investigators weigh, sleep-time rules for 24-hour shifts, how flat on-call stipends raise the overtime regular rate, and state rules like California reporting-time pay and city predictive-scheduling ordinances.
DOL Opinion Letter FLSA2026-10 (July 22, 2026) holds that a field engineer's morning calls to schedule customer appointments are integral and indispensable work, which starts the continuous workday and makes the drive to the first job site compensable. Passively receiving dispatch messages is not. Here is how to classify each step of the morning routine, fix mobile timekeeping, and book the reclassified hours.
The $58,656 threshold was vacated — $35,568 is the enforceable level — but salary is only a third of exemption; duties decide the rest, and reclassification lives or dies on time records and the regular rate.
Under SECURE 2.0, any employee who works 500+ hours in two consecutive 12-month periods and is 21 or older must be allowed to defer into your 401(k) — even if your plan requires 1,000 hours. Here's what the IRS's final LTPT regulations require, who qualifies, and the rolling two-year hours-tracking system small businesses need to avoid missed-deferral corrections.
In May 2026, the DOL's Wage and Hour Division ruled in Opinion Letter FLSA2026-7 that time employees voluntarily spend passing through a security checkpoint to leave the premises during a 30-minute unpaid meal break is not compensable under the FLSA. Here's what the ruling covers, what it doesn't change under state law, and five compliance steps for employers with secured facilities.
DOL Opinion Letter FLSA2026-5 (May 28, 2026) confirms an exempt, salaried employee can pick up hourly shifts in a separate non-exempt role without losing exempt status — if the base salary stays untouched, the exempt role remains the primary duty, and the two jobs stay genuinely distinct. Here's how to structure and track dual-role pay.
DOL Opinion Letter FLSA2026-8 holds that integral pre-shift work like patient handoffs is compensable, narrows the de minimis defense when timekeeping systems record punches to the minute, and requires rounding policies to be genuinely neutral — a compliance guide for any employer with hourly workers.
