Supervisors' liability:

Q: Can supervisors be held personally liable for FLSA violations?

A:  Yes, generally courts have held that supervisors can and will be held personally liable for pay practices that violate the FLSA. 

Is on-call time work time?

Q: Is on-call time considered work time and therefore subject to overtime?

A:  Generally on-call time spent at the employer’s facility is time worked and time spent on-call at home is not considered work time. In addition, “waiting time” is considered work time particularly when the employee cannot use this time for their own benefit. 

Is travel work time?

Q: Is travel considered work time and therefore subject to possible overtime regulations?

A:  Travel away from the home community which keeps the employee away at night is considered out-of-town travel and time spent traveling during work hours is considered work time. However, time spent as a passenger on an airplane, train, boat, bus or automobile outside of regular working hours is not considered work time. 

Paid holidays or overtime/double time for holidays?

Q:  Under FLSA, are employers required to offer paid holidays or pay time and a half or double time for working on holidays?

A:  No, these benefits are generally a matter of agreement between the employer and an employee. FLSA does not require payment of time not worked.