What is compensable time at work?

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What is compensable time at work?

I am a massage therapist, employed by a spa. I am scheduled for shifts, of between 4 and 7 hours, and I am expected to remain on the premises for all of those hours. However, I am only paid for the hours that I am performing a massage. The hours when I am not performing a massage, I am sitting around waiting for a walk-in client, and I am not paid. I am not allowed to leave the premises during these waiting periods. So I seems to me that this is a violation of FLSA rules, and that during those waiting times I am “engaged to wait” as I not able to utilize the time for my own purposes.

Asked on January 5, 2013 under Employment Labor Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Based upon the facts that you have written about you appear to be an employee and not an independent contractor. As such, under the laws of all states in this country you would be entitled to compensation from your employer under the laws of all states in this country for all time that you are at work icluding "down time" when you are not actually doing massages.


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