Current through Register Vol. XLI, No. 35, August 30, 2024
Section 42-8-11 - Determination of Compensable Time for Non-Exempt Employees11.1. An employer shall include all hours worked by an employee as compensable time. An employer may exclude non-work time from compensable time.11.2. An employer shall include as compensable time the time an employee spends changing clothes or washing, when such activities are required by law or by the employer for safety, decontamination, or production reasons.11.3. Employee break time and meal time. 11.3.1. When an employer authorizes one or more employee break times or meal times of 20 consecutive minutes or less during a work day, the employer shall treat the break time or meal time as compensable time.11.3.2. When an employer authorizes one or more employee break times or meal times, typically of 30 consecutive minutes or more during a work day, the employer may treat the break time or meal time as non-work time.11.4. Employee on-call time. 11.4.1. When an employer requires an employee to be on-call, as defined in subsection 3.23 of this rule, the employer shall treat the on-call time as compensable time.11.4.2. When an employer requires an employee to leave his or her contact information with the employer or with a person at the employee's home, and as long as the employee is free to use the time as he or she wishes, an employer may treat the time as non-work time.11.5. Employee on duty for extended periods of 24 or more consecutive hours. 11.5.1. If the employer and employee have an express or implied agreement regarding the employee's scheduled meal times, break times, and bona fide sleep periods, the employer may treat the meal times and break times of 30 consecutive minutes or more and bona fide sleep periods as non-work time.11.5.2. If the employer and employee do not have an express or implied agreement regarding the employee's scheduled meal times, break times, and bona fide sleep periods, the employer shall include the employee's meal times, break times, and bona fide sleep periods as compensable time.11.5.3. When an employee's meal time or break time is interrupted by a call to duty, the employer shall count the entire meal time or break time as compensable time.11.5.4. When an employee's bona fide sleep period is interrupted by a call to duty to the extent that the employee cannot get at least five hours sleep during the scheduled sleep period, the employer shall count the entire sleep period as compensable time.11.6. Employee engaged to wait. If an employee has been engaged to wait by an employer, the employer shall include the time the employee is engaged to wait as compensable time.11.7. Employee attendance or presentation at a training session, meeting, or lecture. 11.7.1. If an employer requires an employee to attend or to present material at a training session, meeting, or lecture, the employer shall include as compensable time the time the employee spends preparing for and attending the training session, meeting, or lecture, including travel time as set forth in subsections 11.8 and 11.9 of this section.11.7.2. If an employee chooses on his or her own to attend or to present material at a training session, meeting, or lecture, the employer may treat as non-work time the time the employee spends preparing for and attending the training session, meeting, or lecture, including travel time as set forth in subsections 11.8 and 11.9 of this section.11.8. Travel time when no overnight stay is required by the employer. If an employer requires an employee to travel when no overnight stay is required, the employer shall include the following as compensable time: 11.8.1. The time the employee spends traveling away from and returning to the employee's assigned work location; and11.8.2. The time the employee spends traveling to perform his or her job assignments and responsibilities.11.9. Travel time when an overnight stay is required. If an employer requires an employee to travel when an overnight stay away from the employee's home is authorized, the employer shall include the following as compensable time: 11.9.1. The time the employee spends traveling during his or her normal work hours on any day of the week, including days when the employee is not normally scheduled to work, such as Saturday or Sunday; and11.9.2. The time the employee spends traveling either before or after his or her normal work hours on any day of the week, including days when the employee is not normally scheduled to work, such as Saturday or Sunday, except for the time that the employee spends as a passenger in an automobile or taxi, or on an airplane, train, boat, or bus. If the employee is performing work duties required by the employer while he or she is a passenger in an automobile or taxi, or on an airplane, train, boat, or bus, the employer shall treat this time as compensable time.