Non-Compensable Time
Following are examples of work-related matters for which an employee need not be compensated.
- Absences (including sick leave, annual leave, holidays, funerals and weather-related absences). 29 C.F.R. § 778.218(d).
- Athletic contest involvement as a participant, official or scorer, even if sponsored by the employer, so long as it is voluntary and not a condition of employment. Field Operations Handbook § 31b05.
- Changing clothes, if the change is for the employee’s convenience. 29 U.S.C. § 203(o).
- Charitable work done voluntarily outside the working hours. 29 C.F.R. § 785.44.
- Clothes changing at home. Field Operations Handbook §31b13.
- Holidays on which an employee does not work. 29 C.F.R. § 778.218(d).
- Jury duty. 29 C.F.R. § 778.218(d).
- Meal periods involving no duties and lasting one-half hour or longer. 29 C.F.R. § 785.19(a).
- Medical attention outside or working hours, or not at the direction of the employer. 29 C.F.R. § 785.43.
- On-call time where the employee merely leaves a telephone number and is not restricted. 29 C.F.R. § 785.17.
- Operation of an employer’s motor vehicle for the employee’s own commuting convenience. Field Operations Handbook § 31c02.
- Sleep time up to eight hours under a contract if the tour of duty is 24 hours or longer. 29 C.F.R. 785.22(a).
- Shutdowns for regular, customary equipment maintenance where the employee is free to leave the premises. 29 C.F.R. § 785.15.
- Time spent before, after or between regular working hours. 29 C.F.R. § 790.7.
- Trade school attendance, which is unrelated to present working conditions. 29 C.F.R. § 785.30.
- Training program voluntarily attended that are unrelated to regular duties and involve no productive work. 29 C.F.R. § 785.27.
- Travel:
- From home to a work site, and vice versa. 29 C.F.R. § 785.35. Or
- On overnight trips during non-working hours, except while performing duties or other work. 29 C.F.R. § 785.39.
- Voting time, as long as state laws do not require compensation. 29 C.F.R. § 778.218(d). Wage and Hour Opinion Letter, Nov. 9, 1944.
- Waiting time:
- In a paycheck line
- To check in or out, and (c) to start work at a designated period. 29 C.F.R. § 790.7(g).
- Washing up or showering under normal conditions. 29 C.F.R. § 790.7(g).