Current through Register 1531, September 27, 2024
(1)
Reporting Pay. When an employee who is scheduled to
work three or more hours reports for duty at the time set by the employer, and
that employee is not provided with the expected hours of work, the employee
shall be paid for at least three hours on such day at no less than the basic
minimum wage. 454 CMR 27.04 shall not apply to organizations granted status as
charitable organizations under the Internal Revenue Code.
(2)
On-call Time.
All on-call time is compensable working time unless the employee is not
required to be at the work site or another location, and is effectively free to
use his or her time for his or her own purposes.
(3)
Sleeping Time and Working
Shifts.
(a) An employee required
to be on duty at the work site for less than 24 hours is working even if the
employee is permitted to sleep or engage in other personal activities when not
busy.
(b) Where an employee is
required to be on duty at the worksite for 24 hours or more, the employer and
employee may agree in writing prior to performance of the work to exclude
bona fide meal periods and a bona fide
regularly scheduled sleeping period of not more than eight hours from
working time, provided the employer provides adequate sleeping quarters and the
employee can enjoy an uninterrupted period of sleep. If no prior written
agreement is made, sleeping time and meal time will constitute compensable
working time. If the sleeping period is interrupted by a call to duty, all time
on duty must be counted as working time. If the sleeping period is interrupted
to such an extent that the employee cannot get a reasonable period of sleep,
the entire period must be counted as working time.
(c) If an employee resides on an employer's
premises on a permanent basis or for extended periods of time, not all time
spent on the premises is considered working time. The employer and the employee
may make any reasonable written agreement as to hours worked which takes into
consideration all of the pertinent facts; provided, however, that the employee
shall be compensated for all time in which job-related duties are actually
performed, and on-call time shall be compensated in accordance with 454 CMR
27.04(2).
(4)
Travel Time.
(a)
Ordinary travel between home and work is not compensable working
time.
(b) If an employee who
regularly works at a fixed location is required to report to a location other
than his or her regular work site, the employee shall be compensated for all
travel time in excess of his or her ordinary travel time between home and work
and shall be reimbursed for associated transportation expenses.
(c) If an employer requires an employee to
report to a location other than the work site or to report to a specified
location to take transportation, compensable work time begins at the reporting
time and includes subsequent travel to and from the work site.
(d) An employee required or directed to
travel from one place to another after the beginning of or before the close of
the work day shall be compensated for all travel time and shall be reimbursed
for all transportation expenses.
(e) Travel that keeps an employee away from
home overnight shall be compensated in a manner consistent with
29 C.F.R. §
785.39.
