We run an assisted living facility. We had a blizzard in our area last week and asked for employees to volunteer to spend the night in case they were not able to get in the next day.
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Many volunteered. We paid them hours actually worked including any applicable overtime. We gave a separate bonus for each night they stayed. We did not pay them around the clock. Once their shifts ended they were free to relax, sleep, go out to dinner, etc. They were not on call.
Did we violate the law by not paying them for 24 hours straight for staying in the building?
Thank you for your inquiry regarding pay for nonexempt employees who volunteer to sleep at an employer’s facility to ensure they’ll be available for their next shift.
An employer must pay a nonexempt employee for all time considered hours worked, and all hours worked must be counted when an employer determines overtime hours. If a nonexempt employee who volunteers to spend the night performs work while he’s there, he must be paid for all time worked, but if he is fully relieved of and given time away from his duties—even if that just means going to another room to sleep, read a book, or visit with coworkers—that time isn’t considered hours worked.