What Counts as Paid Time
Many construction workers lose hours of pay every week because time at the shop, travel between jobs, or waiting around isn’t counted. Under federal law, you must be paid for all “hours worked.”
- Construction
- All workers
Usually paid time
- Reporting to the shop or yard to load materials, pick up tools or get instructions, and the drive from there to the jobsite
- Travel between jobsites during the workday
- Required safety meetings, toolbox talks and orientations
- Required training during or related to your job
- Waiting time when your employer has you waiting for materials, inspections or equipment (“engaged to wait”)
- Short breaks of 5 to 20 minutes
- Work done before or after your shift, including cleanup and equipment checks
- Putting on and taking off specialized protective gear that’s integral to the job, in many cases (union contracts may set different rules for clothes-changing)
Usually not paid time (federal law)
- Your normal commute from home to the first jobsite and home from the last one
- Bona fide meal periods of 30 minutes or more when you are completely relieved of duty
Out-of-town travel has special rules. Travel during your normal working hours generally counts, even on a weekend.
“Off the clock” is illegal. If your employer knows or should know you’re working, it must pay you, even if it didn’t ask you to work and even if you didn’t clock in.
State differences
Some states require more: for example, reporting-time pay when you’re sent home early, split-shift pay, or pay for all travel time. Check your state’s labor department and the state pages in this section.
Track your time: write down when you arrive at the shop, leave for the jobsite, take lunch, and get home. Photos with timestamps help too.
Standards & references
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