A common claim in wage and hour litigation is that the employer failed to pay nonexempt employees for all compensable time. Federal courts have developed several general tests for determining what work-related activities are compensable under the FLSA. Commonly litigated activities include:
State and local wage and hour laws may impose different or additional requirements relating to minimum wage, overtime, and compensable time. For more information, see Wage and Hour Laws: State Q&A Tool.