Hours Worked Under the FLSA (2026): Travel, On-Call, Training & Waiting Time Rules

The Short Answer

The FLSA (29 U.S.C. § 207) only requires overtime once you've worked more than 40 hours in a workweek — but the definition of *"hours worked"* is broader than most workers realize. Under 29 CFR Part 785, hours worked includes any time an employee is "suffered or permitted to work" — even if the employer didn't authorize it, and even if it happens off the clock. This guide is the 2026 pillar for the categories that trip up the most paychecks: travel, on-call, training, waiting, meal breaks, and pre/post-shift duties.

If any of these hours were excluded from your weekly total, your overtime was almost certainly underpaid.

The Legal Definition of "Hours Worked"

Per 29 CFR § 785.11 and the Supreme Court in *Tennessee Coal, Iron & R.R. Co. v. Muscoda Local No. 123*, 321 U.S. 590 (1944), hours worked includes all time during which an employee is required to be on duty, on the employer's premises, or at a prescribed workplace — plus any time the employer "suffers or permits" work to be performed.

Three tests apply:

• . Control test — Is the employer restricting what you can do with your time?
• . Benefit test — Does the activity primarily benefit the employer?
• . Integral & indispensable test — Is the task necessary to the principal job? (*Integrity Staffing Solutions v. Busk*, 574 U.S. 27 (2014).)

If any of these three is "yes," the time counts — and it must be added to your workweek total before calculating overtime.

1. Travel Time (29 CFR §§ 785.33–.41)

Travel time is the single most misclassified category. The rules split into four scenarios:

Home-to-Work Commute (§ 785.35)

Not compensable. Ordinary daily commuting between home and the regular worksite is unpaid — even in a company vehicle, so long as the vehicle use is "within the normal commuting area" (Employee Commuting Flexibility Act, 29 U.S.C. § 254(a)).

Travel That Is All in a Day's Work (§ 785.38)

Compensable. Travel between job sites during the workday — from Client A to Client B, from the office to a customer, or from one branch to another — is paid time and counts toward overtime.

Special One-Day Assignment in Another City (§ 785.37)

Compensable, minus normal commute. Sent to a same-day out-of-town assignment? All travel time counts, except you may deduct your usual home-to-office commute.

Overnight Travel Away from Home Community (§ 785.39)

Compensable during normal working hours — including on non-working days (Saturday, Sunday). Travel outside of normal working hours as a passenger on a plane, train, or bus is not compensable (unless you're required to actually work en route).

Worked example. An HVAC tech based in Dallas is sent to Houston Monday–Wednesday. Normal hours 8am–5pm. She flies Sunday 2pm–4pm (unpaid — outside her normal M–F 8–5 window) but drives back Wednesday 3pm–8pm (3pm–5pm is paid; 5pm–8pm as a passenger is unpaid). If she performed dispatch work on her laptop during the drive back, all 5 hours are paid.

For the full worked breakdown, see Does Travel Time Count Toward Overtime? 2026 FLSA Rules.

2. On-Call Time (29 CFR § 785.17)

Two categories, based on restrictions on your freedom:

"Engaged to Wait" — Compensable

You're on the employer's premises or so close/restricted that you can't effectively use the time for your own purposes. Classic examples: a firefighter in the station, a nurse required to stay in a hospital-provided room, a boiler operator waiting on-site.

"Waiting to Be Engaged" — Not Compensable

You're free to leave, pursue personal activities, and only need to be reachable (phone, pager, app). *Armour & Co. v. Wantock*, 323 U.S. 126 (1944), controls.

The DOL's five-factor test (*Owens v. Local No. 169*, 971 F.2d 347 (9th Cir. 1992)):

• . Is there an on-premises requirement?
• . What is the required response time / geographic radius?
• . Frequency of calls?
• . Ability to trade shifts?
• . Can personal activities actually be pursued?

Response times under 20 minutes almost always make on-call time compensable. Response times of 30+ minutes with no location restriction are typically not.

3. Training Time (29 CFR § 785.27)

Attendance at lectures, meetings, and training programs is work time — unless all four of these apply:

• . Attendance is outside the employee's regular working hours;
• . Attendance is truly voluntary;
• . The course is not directly related to the employee's job; and
• . The employee does not perform any productive work during attendance.

If your employer requires the training, ties it to promotion or continued employment, or holds it during scheduled hours — it's paid time and it counts toward overtime.

Common violations in 2026: unpaid mandatory sexual-harassment training, unpaid onboarding, unpaid annual compliance modules, and unpaid CE hours required for licensing that the employer mandates.

4. Waiting Time & Idle Time (29 CFR § 785.14–.16)

If you're required to be at your workstation but there's no work to do (equipment down, waiting for a customer, waiting for the next call), that idle time is compensable — because your time still belongs to the employer. The classic example: a truck driver waiting at a loading dock for freight.

California adds a penalty. If a non-exempt employee is sent home before working at least half their scheduled shift, the employer owes "reporting-time pay" of 2–4 hours (IWC Wage Order 4-2001 § 5). This is separate from overtime but stacks on top when the workweek exceeds 40 hours.

5. Meal Breaks & Rest Breaks (29 CFR § 785.19)

• Meal periods of 30 minutes or more where the employee is completely relieved of duty are unpaid.
• Meal periods where you're still required to answer the phone, monitor equipment, or eat at your desk are paid — every minute counts as hours worked.
• Short rest breaks of 5–20 minutes are always paid and count toward overtime.

State law is stricter in California (30-min meal + 10-min rest, with premium pay for missed breaks — Labor Code § 226.7), Washington, Oregon, Colorado, Nevada, and New York (manual workers).

6. Pre-Shift and Post-Shift Work — Portal-to-Portal Act

The Portal-to-Portal Act (29 U.S.C. § 254) excludes ordinary commuting and *preliminary/postliminary* activities. But under *IBP, Inc. v. Alvarez*, 546 U.S. 21 (2005), and *Integrity Staffing v. Busk*, 574 U.S. 27 (2014), activities that are "integral and indispensable" to the principal job are compensable — and everything that occurs *between* the first and last principal activity is paid ("continuous workday" doctrine).

Examples that count as hours worked:

• Donning/doffing required protective gear on the employer's premises.
• Booting up computers and loading job-required software.
• Pre-shift briefings, security screenings that are integral to the job, and end-of-shift equipment cleaning.

Examples that don't count:

• Waiting to clock in.
• Anti-theft security screenings that are not integral to the job (*Busk*).
• Changing into non-specialized clothing.

How These Add Up to Overtime

Overtime is owed at 1.5× the regular rate for every hour of hours worked over 40 in a workweek — including every category above. See our pillar on Regular Rate of Pay Under the FLSA (2026) for exactly what pay elements must be baked into the regular rate.

Worked example — Home Health Aide (2026):

• 38 scheduled hours at $18/hr = $684
• 4 hours of unpaid mandatory training on Saturday = paid, adds to the 40-hour count
• 2 hours of travel between clients Tuesday = paid, adds to the count
• Total hours worked: 44 → 4 hours of overtime owed at $27/hr = $108 in unpaid overtime

Multiply that across 52 weeks of misclassification, add liquidated (double) damages under 29 U.S.C. § 216(b), and you're looking at $11,000+ in back pay for a single worker.

What to Do If You've Been Underpaid

• . Track it. Keep a personal log of travel, training, on-call, and pre/post-shift time — down to 15-minute increments.
• . Cross-check. Compare your log against paystubs weekly.
• . File a complaint. The DOL Wage & Hour Division accepts complaints anonymously, or you can sue directly under 29 U.S.C. § 216(b) for 2 years of back pay (3 years if willful) plus liquidated damages and attorney fees.

For the full playbook, see How to Claim Unpaid Overtime From Your Employer (2026).

Frequently Asked Questions

Does my commute count as hours worked?

No. Ordinary home-to-work commuting is excluded by the Portal-to-Portal Act, even in a company vehicle within the normal commuting area (29 U.S.C. § 254(a)).

Do I get paid for travel between two job sites?

Yes. Travel that is "all in a day's work" is compensable under 29 CFR § 785.38 and counts toward the 40-hour overtime threshold.

Is on-call time always paid?

No. It's paid only when the restrictions are so tight you can't use the time for your own purposes ("engaged to wait"). Being reachable by phone with a reasonable response time is not enough (*Armour v. Wantock*).

Do I get paid for mandatory Zoom training after work?

Yes — mandatory training fails at least one prong of the four-part test in 29 CFR § 785.27, so it's paid time that counts toward overtime.

Does waiting in line to clock in count?

Generally no — under *Integrity Staffing v. Busk*, waiting for screenings and clocking is preliminary/postliminary and not compensable. But once your principal activity has started, the "continuous workday" rule pulls in everything until the last principal activity ends.

Try the Calculator

Use our free Overtime Pay Calculator to plug in the correct total hours worked — including travel, on-call, training, and waiting time — and see your 2026 overtime owed under FLSA and state rules.

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*Sources: 29 U.S.C. § 207; 29 CFR Part 785 — Hours Worked; Portal-to-Portal Act, 29 U.S.C. §§ 251–262; Integrity Staffing Solutions v. Busk, 574 U.S. 27 (2014); DOL Fact Sheet #22 — Hours Worked. Last reviewed July 13, 2026.*

Run your own numbers

Once you have totalled compensable hours, the FLSA overtime calculator applies the 40-hour threshold to them, and the full index of overtime calculators lists timesheet tools that capture on-call and travel time.