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Non-Compensable Time

Reference Number: MTAS-943
Reviewed Date: 09/12/2023

Following are examples of work-related matters for which an employee need not be compensated.

  • Absences (including sick leave, annual leave, holidays, funerals and weather-related absences). 29 C.F.R. § 778.218(d).
  • Athletic contest involvement as a participant, official or scorer, even if sponsored by the employer, so long as it is voluntary and not a condition of employment. Field Operations Handbook § 31b05.
  • Changing clothes, if the change is for the employee’s convenience. 29 U.S.C. § 203(o).
  • Charitable work done voluntarily outside the working hours. 29 C.F.R. § 785.44.
  • Clothes changing at home. Field Operations Handbook §31b13.
  • Holidays on which an employee does not work. 29 C.F.R. § 778.218(d).
  • Jury duty. 29 C.F.R. § 778.218(d).
  • Meal periods involving no duties and lasting one-half hour or longer. 29 C.F.R. § 785.19(a).
  • Medical attention outside or working hours, or not at the direction of the employer. 29 C.F.R. § 785.43.
  • On-call time where the employee merely leaves a telephone number and is not restricted. 29 C.F.R. § 785.17.
  • Operation of an employer’s motor vehicle for the employee’s own commuting convenience. Field Operations Handbook § 31c02.
  • Sleep time up to eight hours under a contract if the tour of duty is 24 hours or longer. 29 C.F.R. 785.22(a).
  • Shutdowns for regular, customary equipment maintenance where the employee is free to leave the premises. 29 C.F.R. § 785.15.
  • Time spent before, after or between regular working hours. 29 C.F.R. § 790.7.
  • Trade school attendance, which is unrelated to present working conditions. 29 C.F.R. § 785.30.
  • Training program voluntarily attended that are unrelated to regular duties and involve no productive work. 29 C.F.R. § 785.27.
  • Travel:
    • From home to a work site, and vice versa. 29 C.F.R. § 785.35. Or
    • On overnight trips during non-working hours, except while performing duties or other work. 29 C.F.R. § 785.39.
  • Voting time, as long as state laws do not require compensation. 29 C.F.R. § 778.218(d). Wage and Hour Opinion Letter, Nov. 9, 1944.
  • Waiting time:
    • In a paycheck line
    • To check in or out, and (c) to start work at a designated period. 29 C.F.R. § 790.7(g).
  • Washing up or showering under normal conditions. 29 C.F.R. § 790.7(g).