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FAQ
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Q: As a precautionary measure, we sent one of our employees to the hospital after he suffered a minor injury on the factory floor. Does the Fair Labor Standards Act require that we pay this employee for the time spent receiving medical attention even though he is not performing any work?
A: Yes. Under the Fair Labor Standards Act (FLSA), an employer must pay an employee a minimum wage per hour worked. Conversely, employees are not generally entitled to be compensated for non-working hours. However, this rule does not apply when an employee is receiving medical attention during the work-day. Specifically, the regulations interpreting the FLSA provide that "time spent by an employee in waiting for and receiving medical attention on the premises or at the direction of the employer during the employee's normal working hours on days when he is working constitutes hours worked." This rule applies if the employee is receiving the medical attention at work or off-premises at the direction of the employer. Moreover, employers are required to pay their employees for time spent receiving medical attention if an agent of the employer arranges the medical appointment. For example, if an employer's workers' compensation insurance carrier arranges for the employee to see a doctor during the employee's normal working hours, the time spent traveling to and from and visiting the doctor's office would be compensable hours of work.
Given this obligation to compensate employees under specific circumstances, employers must proceed cautiously before docking an employee's pay for time spent receiving medical attention.
Our course, "Wage and Hour Regulations: the FLSA," can help you navigate the sometimes rough waters of the FLSA. Check out our course catalogue now.
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