Defining Working Time: Latest Wage and Hour Challenge

Navigating FLSA's Compensable Time Requirements and Minimizing Exposure to Employee Claims

Recording of a 90-minute CLE webinar with Q&A

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Conducted on Tuesday, April 30, 2013

Recorded event now available

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Course Materials

This CLE course will guide employment counsel in identifying activities that may constitute working time under the Fair Labor Standards Act (FLSA) and state law and implementing measures to minimize exposure to wage and hour claims.


Many employers believe that working time begins at the official start of an employee’s shift and ends when that shift is over. However, there are a number of activities that occur before and after the official start of the work shift that can constitute compensable time under the FLSA.

Determining what is and is not working time is a serious challenge for employment counsel, and errors can result in devastating monetary consequences for employers. The Department of Labor can require employers in violation of the FLSA to pay unpaid wages, penalties and plaintiffs' attorney fees.

Employment counsel must understand which activities that are ancillary to the work shift may constitute working time and help employers devise effective strategies for minimizing exposure to FLSA and state wage and hour claims.

Listen as our authoritative panel of employment attorneys examines the types of activities that are most likely to be found to be compensable working time and suggests measures employers should take to limit liability exposure.



  1. Defining work time/compensable time and the types of positions most likely impacted
  2. Common areas of focus
    1. Donning and doffing of work clothing
    2. Travel time
    3. Attendance at lectures, meetings, training programs and similar activities
  3. Best practices to minimize exposure to FLSA and state wage and hour claims


The panel will review these and other key questions:

  • What is the definition of "working time"?
  • What activities constitute and are considered part of "working time"?
  • What is "incidental time," and how do you know when incidental activities are compensable?
  • What are the laws that define "working time"?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.


Tabakman, Mark
Mark E. Tabakman

Fox Rothschild

Mr. Tabakman handles union and non-union matters for employers nationwide and concentrates in wage-hour law. He...  |  Read More

Keith Reinfeld
Keith Reinfeld

Fox Rothschild

He focuses his practice on the defense of employment discrimination and wrongful discharge litigation, including cases...  |  Read More

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