Based in Charlottesville, Tim Coffield is an attorney who is licensed in both North Carolina and Virginia. He founded his own law firm, Coffield PLC, in 2012. To learn more about him, be sure to check out his websites!
FLSA Compensable Time: On-Call Time and Waiting Time
The Fair Labor Standards Act requires covered employers to pay minimum wages and overtime compensation to certain categories of employees. These requirements involve a determination as to the number of hours an employee “works” each workweek. As explained below, the FLSA generally requires that compensable working time include any time that an employee is suffered or permitted to work. When an employee is “on-call,” a question often arises as to whether that time is considered compensable working time under the FLSA. FLSA regulations provide that, generally speaking, time that an employee is “engaged to wait” is considered compensable working time, whereas time an employee is “waiting to be engaged” is not compensable working time.
Virginia Gap Pay Act: Special Overtime Rights for Fire Protection and Law Enforcement Employees
The Virginia Gap Pay Act, VA Code § 9.1-700, et seq. (“VGPA”), provides that certain fire protection and law enforcement employees must be paid overtime compensation for time worked in the “gap.” The “gap” refers to the all hours of work between (a) the statutory maximum hours per work period under the Fair Labor Standards Act’s (“FLSA”)special rules for fire protection and law enforcement employees and (b) the hours for which an employee receives his salary, or if paid on an hourly basis, the hours for which the employee receives hourly compensation.