Published by the U.S. Department of Labor Wage and Hour Division
FACT SHEET #84: COMPENSABILITY OF TIME SPENT UNDERGOING COVID-19 HEALTH SCREENINGS, TESTING, AND VACCINATIONS UNDER THE FAIR LABOR STANDARDS ACT (FLSA)
Under the FLSA, employers generally must pay employees at least the minimum wage for all hours worked, and at least one and one-half times their regular rate of pay for hours worked exceeding 40 in a workweek. This fact sheet examines whether certain activities occurring during the COVID-19 pandemic constitute compensable hours worked under the FLSA. The analysis used to determine the compensability of such time is fact-specific and depends, in part, on whether the activity occurs during, or outside of, an employee’s normal working hours.
Activities That Occur During Normal Working Hours
Under the FLSA, all time between the start and finish of an employee’s workday must be paid unless it falls within one of the exceptions stated in 29 C.F.R. Part 785, such as bona fide meal breaks and off-duty time. Employer-required activities during normal working hours are therefore generally compensable.
More specifically, employees must be paid for time spent going to, waiting for, and receiving medical attention required by the employer or on the employer’s premises during normal working hours. Therefore, if an employer requires an employee to obtain a COVID-19 vaccine dose, undergo a COVID-19 test, or engage in a COVID-19 related health screening or temperature check during the employee’s normal working hours, the time that the employee spends engaged in the activity is compensable. Employees must be paid for such time during normal working hours, regardless of where the activity occurs. This is true regardless of whether the employer is subject to the OSHA Vaccination and Testing ETS.
Where to Obtain Additional Information
For additional information, visit the Wage and Hour Division Website: http://www.wagehour.dol.gov
For more information about the Fair Labor Standards Act, including fact sheets, regulations, and other resources, please visit https://www.dol.gov/agencies/whd
For more information about the OSHA Vaccination and Testing ETS, please visit https://www.osha.gov/coronavirus/ets2
For more information about federal civil rights laws that may require employers to provide reasonable accommodations to mandatory COVID-19 vaccination requirements for employees with disabilities and/or sincerely held religious beliefs, practices, or observances, please visit https://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws#L
When state law differs from the federal FLSA, an employer must comply with the standard most
protective to employees. Links to your state labor department can be found at
www.dol.gov/agencies/whd/state/contacts
