Wage / Hour Procedures

Effective Date: September 1, 2020 

Employees and supervisors should review the section on Hours Worked to understand the definition of work according to the Fair Labors Standards Act (FLSA). The page on Purdue and FLSA explains how positions are determined to be exempt or nonexempt.

Additional resource information can be found on the websites of the U.S. Department of Labor Wage and Hour Division and the Indiana Department of Labor Wage and Hour Division.  Supervisors and employees should contact their HR Business Partner and/or compensation@purdue.edu when in need of further guidance.

Hours Worked

This section supplements the policy on Wage Administration for Nonexempt Staff (VI.C.2). Refer to the policy for definitions of capitalized terms.

The following are general definitions of Hours Worked. Because every possible situation cannot be included, no inference should be drawn from the fact that a particular illustration is omitted. If doubt arises, inquiries should be directed to HR- Compensation, your Human Resource Business Partner or your regional campus Human Resources department.

  1. Waiting Time - Whether waiting time is time worked depends upon the agreement and circumstances of the work being performed and the parties involved.
    • On Duty – Nonexempt employees engaged in waiting time while in between assignments – such as the deliverer who works a crossword puzzle while awaiting a schedule, or the maintenance worker who waits for other personnel to unlock doors – are in work status during such periods of inactivity. This time is counted as Hours Worked even though the staff member is allowed to perform non-work activities during such periods of inactivity. However, the periods during which this occurs must be unpredictable, of short duration, and of such nature that the employee is unable to use the time effectively for their own purposes.
    • Off Duty – When an employee and supervisor have agreed that the employee is completely relieved from duties (providing the relief time is long enough to enable the employee to use the time effectively for their own purposes), the time relieved is not counted as Hours Worked. The employee is free to leave the workplace, has sufficient time to use for personal reasons, and knows when to report back to work.
  2. Rest and Meal Periods
    • Rest – Rest periods or “breaks” of short duration (10 to 15 minutes) twice daily are customarily practiced at the University. They promote the efficiency of the staff member and must be counted as Hours Worked. However, such rest periods must be taken at the department’s convenience and cannot be used for flextime schedules or to shorten the workday.
    • Meal – A meal period is a period of time during which the employee (1) performs no duties; and (2) is in non-pay status. A period of 30 minutes or more will qualify as a bona fide meal period. If a Nonexempt employee is granted less than a 30-minute meal period at the convenience of the supervisor or performs assigned duties during a meal period, the time for the meal period must be counted as Hours Worked.
  3. Changing Clothes and Washing Time - When a Nonexempt employee is required – by law, by rules of the employer, or as an integral part of the performance of the individual’s work – to wash up and/or change clothing on the University’s premises before or after working, the time spent changing and/or washing is counted as Hours Worked. However, when an employee washes and/or changes clothing for their own convenience, or is not required by law or the employer to do so on the premises, the time spent is not counted as Hours Worked.
  4. Lectures, Meetings, and Training Programs - Attendance at lectures, meetings, training programs, and similar activities need not be counted as Hours Worked if all of the following four criteria are met:
    • Attendance is outside of the employee’s regular working hours;
    • Attendance is voluntary;
    • The course, lecture, or meeting is not directly job-related and is not intended to make the employee more efficient in their present job; and
    • The employee does not perform any productive work during attendance.
  5. Course Study - Time spent by a Nonexempt employee studying courses at home is not compensable under the overtime provisions of the FLSA where the study allowed the employee to advance to a new job classification and there was no requirement to take the course.
  6. Medical Attention - For work-related injuries, time spent by a Nonexempt employee waiting for and receiving medical attention on the premises, or at the direction of the supervisor during the employee’s normal working hours on the days worked, constitutes Hours Worked.
  7. Employee Counseling - Departments must allow Nonexempt employees a reasonable amount of time off duty, with pay, to discuss concerns with pertinent University officials. Examples are:
    • Discussion of future job possibilities, interviewing, job evaluation, personal counseling as part of the Employee Assistance Program, or processing of complaints or grievances with Human Resources
    • Discussion of concerns relating to insurance, retirement, etc. with Human Resources
  8. Sleeping Time – A Nonexempt employee who is required to be on duty for less than 24 hours is working even though they are permitted to sleep or engage in other personal activities when not busy. An employee required to be on duty for 24 hours or more may agree with the employer to exclude from Hours Worked bona fide regularly scheduled sleeping periods of not more than eight hours, provided adequate sleeping facilities are furnished by the employer and the employee can usually enjoy an uninterrupted night’s sleep. No reduction is permitted unless at least five hours of sleep is taken.
  9. Travel Time - The principles that apply to determining whether time spent in travel is compensable time depends upon the kind of travel involved.
    • Home to Work: Travel from home before the regular workday and to return to home at the end of the workday is ordinary home to work travel, which is not compensable time.
    • Travel during Workday: Time spent by a Nonexempt employee in travel as part of their principal activity, such as travel from job site to job site during the workday, is work time and must be counted as Hours Worked. When a staff member is required to report at a meeting place to receive instructions, perform work there, or pick up tools or a vehicle, the travel time from the meeting place to the work place is part of the day’s work and must be counted as Hours Worked.
    • Out of Town (Same Workday): A Nonexempt employee who travels out of town and returns the same day must be paid for all hours spent traveling, except for bona fide meal periods and any travel time from home to the local rail, bus, plane terminal, or meeting place to join university provided transportation.
    • Out of Town (Overnight): A Nonexempt employee who travels overnight on business (i.e., more than one day) must be paid for time spent in travel (except for bona fide meal periods) during their normal scheduled working hours on regular workdays as well as non-workdays (i.e., holidays, Saturday, Sunday). Travel time as a passenger on an airplane, train, boat, bus, or automobile outside of regular working hours is not considered work time unless the staff member performs work-related tasks (i.e., checking email, responding to phone calls, etc.). However, if an employee travels by driving a vehicle, the travel time is considered work time, regardless of whether it occurs during working hours or outside of working hours.