EmploymentQuestion 944 of 1605

A worker is required to wait at the jobsite while an inspector arrives, unable to leave or use the time for personal purposes. How should this waiting time be treated?

a.As an unpaid rest period
b.As compensable hours worked because the employee is 'engaged to wait'
c.As overtime regardless of total hours
d.As the employee's personal time

Explanation

Under the 'engaged to wait' versus 'waiting to be engaged' distinction, when an employee cannot use waiting time effectively for their own purposes and is under the employer's control, the time is compensable hours worked. Being required to remain on-site awaiting an inspector is 'engaged to wait' and must be paid. Whether it becomes overtime depends on the total hours for the day or week.

Law Reference: FLSA; on-call / waiting time

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Reviewed by Abraham Chen Licensed California General Contractor (CSLB License #1101856 verify)
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