Administrative Policy ES.C.2

ES.C.2 Hours Worked Page 1 of 13 7/19/2021

ADMINISTRATIVE POLICY

STATE OF WASHINGTON

DEPARTMENT OF LABOR AND INDUSTRIES

EMPLOYMENT STANDARDS

TITLE: HOURS WORKED NUMBER: ES.C.2

CHAPTERS: RCW 49.12 ISSUED: 1/2/2002

RCW 49.46 REVISED: 6/24/2005

WAC 296-126 REVISED: 11/28/2007

WAC 296-128 REVISED: 9/2/2008

REVISED: 7/19/2021

SEE ALSO: ES.A.1, ES.A.3,

ES.A.8.1, ES.B.1, ES.C.1,

and ES.C.6.2

ADMINISTRATIVE POLICY DISCLAIMER

This policy is designed to provide general information in regard to the current opinions of the Department of Labor & Industries on

the subject matter covered. This policy is intended as a guide in the interpretation and application of the relevant statutes,

regulations, and policies, and may not be applicable to all situations. This policy does not replace applicable RCW or WAC

standards. If additional clarification is required, the Program Manager for Employment Standards should be consulted.

This document is effective as of the date of print and supersedes all previous interpretations and guidelines. Changes may occur

after the date of print due to subsequent legislation, administrative rule, or judicial proceedings. The user is encouraged to notify the

Program Manager to provide or receive updated information. This document will remain in effect until rescinded, modified, or

withdrawn by the Director or his or her designee.

1. What are “hours worked”?

“Hours worked,” means all hours during which the employee is authorized or required, known or

reasonably believed by the employer to be on duty on the employer’s premises or at a

prescribed work place. See WAC 296-126-002(8); WAC 296-128-600(9); see also

Administrative Policy ES.C.1. An analysis of “hours worked” must be determined on a case-by-

case basis, depending on the facts.

The definition of “hours worked” is satisfied if all three of these elements are met:

1- An employee is authorized or required by the employer: Is the time spent by the

employee requested, suffered, permitted, allowed, or otherwise sanctioned by the

employer for the employee to complete work on the employer’s behalf?

2- To be on duty: Does the employer restrict the employee’s personal activities and/or

control the employee’s time?

3- On the employer’s premises or at a prescribed workplace: Is the employee on an

employer’s worksite or otherwise at a location where work is performed for the

employer?

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If all three elements are satisfied then the time is considered hours worked under state law. 
Under certain circumstances, it may be difficult to determine if all factors apply. The remaining 
sections of this policy illustrate the application of these factors in a variety of situations. 
 
2. When is time “hours worked” and what are an employer’s responsibilities to 
compensate its employees for “hours worked”?  
 
Employers must pay employees for all “hours worked.” “Hours worked” means all work requested, 
suffered, permitted, or allowed while on duty on the employer’s premises or at a prescribed 
workplace, and includes travel time, training and meeting time, wait time, on-call time, preparatory 
and concluding time, and may include meal periods. “Hours worked” includes all time worked 
regardless of whether it is a full hour or less. “Hours worked” includes, for example, a situation 
where an employee may voluntarily continue to work at the end of the shift. The employee may 
desire to finish an assigned task or may wish to correct errors, prepare time reports or other 
records. The reason or pay basis is immaterial. If the employer knows or has reason to believe 
that the employee is continuing to work, such time is compensable working time. 
 
An employer may not avoid or negate payment of regular or overtime wages by issuing a rule or 
policy that such time will not be paid or must be approved in advance. However, an employer 
may have a policy requiring prior approval and may discipline an employee for working overtime 
without prior approval so long as the discipline does not include not paying the worker for the 
overtime performed. If the work is performed, it must be paid. It is the employer’s responsibility to 
ensure that employees do not perform work that the employer does not want performed. 
 
When time is “hours worked,” the employer must comply with the applicable compensation 
required by state and local wage laws for that time. The Minimum Wage Act requires employers 
to pay employees at least the minimum wage for all hours worked. RCW 49.46.020. Employers 
may also be responsible for a higher hourly wage rate provided by agreement or under a local 
ordinance and must pay overtime rates to eligible employees for any “hours worked” in excess of 
40 hours in a workweek. RCW 49.52.050; RCW 49.46.130. In addition to wages, all covered 
employees must accrue paid sick leave on all hours worked at a rate of at least one hour of paid 
sick leave for every forty hours worked. RCW 49.46.020(4); RCW 49.46.210(1)(a); WAC 296-
128-620(1). For information about how non-agricultural commission or piece-rate workers are 
treated under the law, see Administrative Policy ES.A.3, “Minimum Hourly Wage.” For information 
about how agricultural commission or piece-rate workers are treated under the law, see 
Administrative Policy ES.C.6.2, “Agricultural Labor Standards.”   
 
3. What is travel time and when is it considered “hours worked”? 
 
Travel time is time spent by an employee travelling for a work-related purpose. Whether time 
spent travelling for work constitutes paid work time depends on whether the travel time is 
considered “hours worked.” If the travel or commute time is considered “hours worked” under 
RCW 49.46.020 and WAC 296-126-002(8), then it is compensable and the employee must be 
paid for this time. These statutory and regulatory requirements cannot be waived through a 
collective bargaining agreement or other agreement.   
 
The same general definition of hours worked described in Section 1 above applies to travel 
time. See WAC 296-126-002(8) (“Hours worked” means all hours when an employee is 
authorized or required by the employer to be on duty on the employer’s premises or at a 
prescribed workplace). This means that when evaluating whether travel time is compensable, 
each element of the “hours worked” definition must be evaluated.  

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To reiterate, the three elements in the definition of “hours worked” are:

1- An employee is authorized or required by the employer,

2- To be on duty,

3- On the employer’s premises or at a prescribed workplace.

If any of the three elements is not satisfied, then the time spent travelling is not considered

“hours worked.” Ordinary commute time does not typically satisfy the conditions to be

considered hours worked, but there are exceptions. Please see Section 4 of this policy for

further guidance.

4. When is travel time in a company-provided vehicle considered hours worked?

Whether time spent driving or riding in a company-provided vehicle constitutes paid work time

depends on whether the time is considered “hours worked” under the three-part analysis

described above.

Time spent driving or riding in a company-provided vehicle during an employee’s ordinary

commute, from home to the first job site of the day, or from the last job site of the day to home,

is not considered hours worked if the employee is not on duty and performs no work while

driving or riding in the company-provided vehicle.

Time spent driving a company-provided vehicle from the employer’s place of business to the job

site is considered hours worked. Time spent riding in a company-provided vehicle from the

employer’s place of business to the job site is not considered hours worked when an employee

voluntarily reports to the employer’s location merely to obtain a ride as a passenger for the

employee’s convenience, is not on duty, and performs no work. Time spent driving or riding as a

passenger from job site to job site is considered hours worked.

Note: A similar analysis applies when determining whether travel time in a personal

vehicle is considered hours worked. A personal vehicle may also be an employer’s

premises or a prescribed workplace and all relevant facts must be considered when

making a determination. However, the time spent in a personal vehicle is less likely to be

considered to be the employer’s premises or a prescribed workplace as compared to the

circumstances when an employee uses a company-provided vehicle.

Factors to consider in determining if an employee is “on duty” when driving a company-

provided vehicle between home and work.

To determine if the employee is on duty, the extent to which the employer restricts the

employee’s personal activities and controls the employee’s time must be evaluated. This

includes an analysis of the frequency and extent of such restrictions and control. The following

is a non-exclusive list of factors to consider when making a determination if an employee is “on

duty.” All factors must be considered and weighed in combination with each other. The mere

presence or absence of any single factor is not determinative.

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1. The extent to which the employee is free to make personal stops and engage in

personal activities during the drive time between home and the first or last job site of the

day, or whether the vehicle may only be used for company business.

2. The extent to which the employee is required to respond to work-related calls or to be

redirected while en route.

3. Whether the employee is required to maintain contact with the employer.

4. The extent to which the employee receives assignments at home and must spend time

writing down the assignments and mapping the route to reach the first job site before

beginning the drive.

Factors to consider in determining if an employee is “on the employer’s premises or at a

prescribed work place” when driving a company-provided vehicle between home and

work.

To determine if a company-provided vehicle constitutes a “prescribed work place,” an employer

must evaluate whether driving the particular vehicle is an integral part of the work performed by

the employee. The following is a non-exclusive list of factors to consider when making a

determination if an employee is “on the employer’s premises or at a prescribed work place.” All

factors must be considered and weighed in combination with each other. The mere presence or

absence of any single factor is not determinative.

1. Whether the nature of the business requires the employee to drive a particular vehicle

provided by the employer to carry necessary non-personal tools and equipment to the

work site.

2. The extent to which the company-provided vehicle serves as a location where the

employer authorizes or requires the employee to complete business-required paperwork

or load materials or equipment.

3. The extent to which the employer requires the employee to ensure that the vehicle is kept

clean, organized, safe, and serviced.

The following are two examples of how this policy may be used to determine whether or

not drive time between home and the first or last job site of the day in a company-

provided vehicle is compensable. These examples are illustrative and are not intended to

create additional factors or address other scenarios where the facts differ from those

below.

EXAMPLE 4-1: The employee drives between home and the first or last job site of the day in a

company-provided vehicle:

 As a matter of accepted company practice, the employee is prohibited from any personal

use of the vehicle, which must be used exclusively for business purposes; and

 The employer regularly requires the employee to perform services for the employer during

the drive time, including being redirected to a different location; and

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 The employee regularly transports necessary non-personal tools and equipment in the

vehicle between home and the first or last job site of the day; and

 The employee receives daily job site assignments at home in a manner that requires the

employee to spend more than a negligible amount of time writing down the assignments

and mapping travel routes for driving to the locations.

Here, the facts establish that the drive time between home and the first or last job site of the day

in a company-provided vehicle is compensable.

EXAMPLE 4-2: The employee drives between home and the first or last job site of the day in a

company-provided vehicle:

 The employer does not strictly control the employee’s ability to use the vehicle for personal

purposes. The employee, as a matter of accepted company practice, is able to use the

vehicle for personal stops or errands while driving between home and the job site; and

 The employee is not required to perform any services for the employer during the drive,

including responding to work-related calls or redirection; and

 The employee does not perform any services for the employer during the drive, including

work-related calls or redirection.

Here, the drive time between home and the first or last job site of the day in a company-

provided vehicle is not compensable.

5. When is out-of-town travel “hours worked”?

For out-of-town travel, Washington law is more favorable than federal law. Federal law excludes

certain travel time under the Portal to Portal Act and federal regulations. See 29 U.S.C. § 254; 29

C.F.R. § 785. The Washington Minimum Wage Act does not include such provisions. See

Anderson v. Dep’t of Social & Health Servs., 115 Wn. App. 452, 457, 63 P.3d 134 (2003). In

Washington, all travel time related to work is compensable regardless of the number of hours or

when the travel takes place. It also includes any time necessary to get to an airport, train station,

or other transit center necessary to complete the out-of-town travel. For information on federal

travel time requirements, contact the U.S. Department of Labor at their toll free # 1-866-487-9243

or on their website.

Compensable out-of-town travel takes place for the employer’s benefit and is requested to meet

the needs of a particular assignment. Such travel time is an integral part of the principal activity

that the employee was hired to perform (i.e. it is an integral component of the work assignment or

job task). This is true regardless of whether the employee engages in additional work during the

journey or whether the employer owns or controls the employee’s means of transport. Because

the travel itself is a duty of the work assignment, so long as the employer approves the means of

travel, the employee is authorized to be on duty at a prescribed workplace throughout the active

travel time and therefore the time meets all three elements of the hours worked rule. See WAC

296-126-002.

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Once an employee arrives at the employee’s lodgings, the employee is no longer “on duty” and

that time is not compensable as “hours worked” so long as the worker is free to engage in

personal activities.

EXAMPLE 5-1: An employee is required to travel to a training seminar in distant city. The

employee leaves for the training directly from the employee’s home and goes to the airport and

parks there. The employee flies directly to the training city, picks up a rental car, and drives the

rental car directly to the hotel. When the employee arrives at the hotel, the employee is free to

leave the hotel to go on a walk or otherwise engage in personal activities while staying at the

hotel. The employee attends all the required sections of the training seminars daily, but is free

each evening to engage in personal activities. The employee performs no work outside of the

required training. After the employee completes the training, the employee drives directly home

after driving the rental car back to airport, catching a flight home, and picking up the employee’s

car at a long-term parking lot.

What time is compensable in this scenario?

 The time from when the employee leaves home until the employee arrives at the hotel in

the other city is compensable time. This time is compensable because the travel is a

duty of the work assignment, so long as the employer approves the means of travel, the

employee is authorized to be on duty at a prescribed workplace throughout the active

travel time and therefore the time meets all three elements of the hours worked rule.

 Once the employee arrives at the employee’s lodgings and is free to engage in personal

activities, the employee is no longer “on duty” and that time is not compensable as

“hours worked.” While any free time the employee engages in once the employee has

arrived at the hotel is not compensable, any time in the training itself is compensable,

except for certain training as described in section 6. Free time at the hotel is not

compensable because the employee is no longer “on duty” and that time is not

compensable as “hours worked” so long as the worker is free to engage in personal

activities.

 When the employee returns home, the time from when the employee leaves the hotel (or

training facility) in the remote city, until the employee arrives home, is also compensable.

This time is compensable because the travel is a duty of the work assignment, so long

as the employer approves the means of travel, the employee is authorized to be on duty

at a prescribed workplace throughout the active travel time and therefore the time meets

all three elements of the hours worked rule.

EXAMPLE 5-2: An employee is required to travel to a nearby city for an annual training

presented by the employer to a state-wide group of employees. The employee is required to

report to work to pick up a work vehicle before traveling out of town. When the employee arrives

at the hotel, the employee is free to leave the hotel to go on a walk or otherwise engage in

personal activities while at the lodging. During the evenings, the employee spends several hours

catching up on work emails. The employee attends all the required sections of the training

seminars. After the employee completes the training, the employee returns to the office to drop-

off the employer’s vehicle and then drives home using a personal vehicle.

What time is compensable in this scenario?

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 The drive between work and home at the beginning and end of the travel is considered

normal commute time and is not compensable. This time is not compensable because the

employee was required to report to work before travelling out of town.

 The time spent on the journey to the other city after employee leaves their work until the

employee arrives at their hotel in the other city is compensable. Likewise, the time spent

traveling back to the office from the training site is compensable. This time is

compensable because the travel is a duty of the work assignment, so long as the

employer approves the means of travel, the employee is authorized to be on duty at a

prescribed workplace throughout the active travel time and therefore the time meets all

three elements of the hours worked rule.

 Any free time the employee engages in once the employee has arrived at the hotel is not

compensable, but any time in the training itself is compensable, except for certain training

as described in section 6. Free time at the hotel is not compensable because the

employee is no longer “on duty” and that time is not compensable as “hours worked” so

long as the worker is free to engage in personal activities.

 The time spent checking emails in the evenings is compensable time. This time is

compensable because the employee is performing work.

EXAMPLE 5-3: An employee voluntarily travels out-of-town to another city for non-work related

purposes. While in the other city, the employee visits a satellite office maintained by the employer

in the city to perform some remote work because it easier to do so, but the employee is free to

perform the work off-site.

What time is compensable in this scenario?

 Since the employee’s travel in this situation was for non-work purposes, the travel was not

performed for the employer’s benefit. Therefore, the travel time to and from the other city

is not compensable.

 The time spent traveling from the employee’s lodgings to the work-site is not

compensable, because the employee chose to perform work while on a personal trip by

going to an employer’s satellite office. This travel time is equivalent to normal commute

time. So, only the time the employee spent actually working on-site at the satellite office is

compensable.

6. What constitutes training and meeting time and when is it considered “hours worked”?

Training and meeting time means all time spent by employees attending lectures, meetings,

training periods, and similar activities required by the employer. Time spent by an employee

during such training and meeting time is considered hours worked.

Time spent by employees in these activities need not be counted as hours worked if all of the

following tests are met:

6.1 Attendance is voluntary; and

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6.2 The employee performs no productive work during the meeting or lecture;

and

6.3 The meeting takes place outside of regular working hours; and

6.4 The meeting or lecture is not directly related to the employee's current work,

as distinguished from teaching the employee another job or a new, or additional,

skill outside of skills necessary to perform job.

The factors for training time above follow from the three elements of the definition of “hours

worked.” If all of the conditions above are not met, then the employee is “authorized or required to

be on duty at the employer’s premises or prescribed workplace” because the employer is

controlling the employee’s time, or the employee is otherwise on-duty because the employee is

performing productive work. On the other hand, when training attendance is voluntary, the

employee performs no productive work, the training takes place outside of regular working hours,

and the training is unrelated to the employee’s current work, then the employee is not authorized

or required to be on duty by the employer.

If an employer requires an employee to participate, or otherwise leads the employee to believe

that the present working conditions, or the continuance of the employee’s employment, may be

adversely impacted by non-attendance, the time spent will be considered hours worked. The

employer in these circumstances is controlling the employee’s time and must pay for it.

When a public entity, rather than an employer, requires the training, then an abbreviated version

of the test above applies. Time spent in training programs mandated by federal, state, or local

regulation, but not by the employer, need not be paid if the first three provisions are met; that is, if

attendance is voluntary, the employee performs no productive work during the training time, and

the training takes place outside of normal working hours.

When federal, state, or local laws require a certificate or license of the employee for the position

held, time spent in training to obtain the certificate or license, or certain continuous education

requirements, are not considered hours worked.

EXAMPLE 6-1: State regulations may require that certain employees successfully complete a

course in Cardio-Pulmonary Resuscitation (CPR). The state regulations may require that in order

to be employed in such a position the employee must be registered with the state or have

successfully completed a written examination, approved by the state, and further fulfilled certain

continuous education requirements.

What time is compensable in this scenario?

 If the employee seeks and obtains this training outside of regular working hours and

performs no productive work during the training, the time spent in training is not

considered hours worked.

 If the employer requires all employees to attend a specific training to satisfy regulatory

requirements, all employees attending the training must be paid for the hours spent in

the training course.

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 If the employee completes the training during work hours, the time spent in training is

considered hours worked.

7. What determines an employment relationship with interns?

The federal courts and federal Department of Labor have used the “primary beneficiary test” to

determine whether an intern is, in fact, an employee under the federal Fair Labor Standards Act

(FLSA). E.g., Glatt v. Fox Searchlight Pictures, Inc., 811 F.3d 528 (2nd Cir. 2016); Benjamin v. B

& H Educ., Inc., 877 F.3d 1139 (9th Cir. 2017). As the state and federal definition of “employ” are

identical, the department looks to federal case law and guidance for whether interns are also

exempt from Washington’s Minimum Wage Act. Under certain conditions, persons without any

expressed or implied compensation agreement may work for their own advantage on the

premises of another and are not necessarily employees. Whether interns are employees depends

upon all of the circumstances surrounding their activities on the premises of the employer. Courts

have identified the following seven factors when evaluating whether an intern is, in fact, an

employee.

7.1 The extent to which the intern and the employer clearly understand that there

is no expectation of compensation. Any promise of compensation, express or

implied, suggests that the intern is an employee—and vice versa.

7.2 The extent to which the internship provides training that would be similar to

that which would be given in an educational environment, including clinical and

other hands-on training provided by educational institutions.

7.3 The extent to which the internship is tied to the intern’s formal education

program by integrated coursework or the receipt of academic credit.

7.4 The extent to which the internship accommodates the intern’s academic

commitments by corresponding to the academic calendar.

7.5 The extent to which the internship’s duration is limited to the period in which

the internship provides the intern with beneficial learning.

7.6 The extent to which the intern’s work complements, rather than displaces, the

work of paid employees while providing significant educational benefits to the

intern.

7.7 The extent to which the intern and the employer understand that the

internship is conducted without entitlement to a paid job at the conclusion of the

internship.

No single factor above is determinative. Rather, the test examines who is the “primary

beneficiary” of the relationship between an intern or trainee and the employer. All

relevant factors must be considered together to make a determination on the intern or

trainee status of an individual. If analysis of these circumstances shows that the intern or

trainee is an employee, then the employee is entitled to all the protections of the

Minimum Wage Act. Likewise, if the intern or trainee is not an employee then none of the

Minimum Wage Act protections apply.

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8. What constitutes paid or unpaid work for students in a school-to-work program?

Students may be placed in a school-to-work program on a paid or unpaid basis. The department

will not require payment of minimum wage, provided all of the following criteria are met. If all five

requirements are not met, the business will not be relieved of its obligation to pay minimum wage,

or provide paid sick leave, as required by the Minimum Wage Act.

8.1 The training program is a bona fide program certified and monitored by the

school district or the Office of the Superintendent of Public Instruction; and

8.2 A training plan exists that establishes a link to the academic work, e.g., a

detailed outline of the competencies to be demonstrated to achieve specific

outcomes and gain specific skills. The worksite effectively becomes an extension of the

classroom activity and credit is given to the student as part of the course; and

8.3 The school has a designated district person as an agent/instructor for the

worksite activity and monitors the program; and

8.4 The worksite activity is observational, work shadowing, or demonstrational,

with no substantive production or benefit to the business. The business has an

investment in the program and actually incurs a burden for the training and

supervision of the student that offsets any productive work performed by the

student. Students may not displace regular workers or cause regular workers to

work fewer hours as a result of any functions performed by the student, and

8.5 The student is not entitled to a job at the completion of the learning experience. The

parent, student, and business all understand the student is not entitled to wages for the

time spent in the learning experience.

If a minor student is placed in a paid position, all requirements of the Minimum Wage Act, the

Industrial Welfare Act, and minor work regulations must be met. Minor students placed in a paid

position with public agencies are subject to the Industrial Welfare Act.

Public agencies are not subject to the state minor work regulations, but they are subject to

payment of the applicable state minimum wage.

Note: Public agencies employing persons under age 18 are subject to the federal child labor

regulations and should contact the United States Department of Labor for specific information on

hours and prohibited occupations.

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9. What constitutes “on-call” time and when is it considered “hours worked”?

Whether or not employees are “working” during on-call time depends upon whether they are

required to remain on or so close to the employer’s premises that they cannot use the time

effectively for their own purposes.

Employees who are not required to remain on the employer’s premises but are merely required

to leave word with their supervisors where they may be reached are not working while on-call. If

the employer places restrictions on where and when the employee may travel while “on call” this

may change the character of that “on call” status to being engaged in the performance of active

duty. The particular facts must be evaluated on a case-by-case basis.

Employees may also be required to be on-call during paid rest breaks under certain circumstances.

If the employee is called to duty, the rest period transforms the on-call period to an intermittent rest

period and the employee must receive the remainder of their 10-minute break during the same

four-hour work period. The time spent on-call during a rest period is considered “hours worked”

regardless of whether the employee is called to duty or not. See Section 13 below; Administrative

Policy ES.C.6.1.

10. What constitutes “waiting time” and when is it considered “hours worked”?

In certain circumstances employees report for work but due to lack of customers or production,

the employer may require them to wait on the premises until there is sufficient work to be

performed. “Waiting time” is all time that employees are required or authorized to report at a

designated time, and to remain on the premises or at a designated work site until they may begin

their shift. During this time, the employees are considered to be engaged to wait, and all hours

will be considered hours worked.

When a shutdown or other work stoppage occurs due to technical problems, such time spent

waiting to return to work will be considered hours worked unless the employees are completely

relieved from duty and can use the time effectively for their own purposes. For example, if

employees are told in advance they may leave the job and do not have to commence work until a

certain specified time, such time will not be considered hours worked. If the employees are told

they must “stand by” until work commences, such time must be paid.

EXAMPLE 10-1: A truck driver is tasked with making freight deliveries to the employer’s

warehouse. After the driver arrives with the load, the driver must wait for warehouse staff to

unload the delivered goods.

 If the driver must standby and wait near the truck for an indeterminate period of time for

the truck’s unloading to finish, the driver is likely “engaged to wait” and the time spent

waiting would therefore be hours worked.

 If the driver is instead advised that the truck will be unloaded by a specific time, and the

driver is fully relieved of all duties during this time and permitted to effectively use the time

for employee’s own purposes, then the driver is likely “waiting to be engaged” and the

time would therefore not be hours worked.

EXAMPLE 10-2: A customer service representative works remotely from home and depends on

access to the employer’s network applications in order to perform work. When the employer’s

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network applications experience technical difficulties, the employee is expected to standby until

the employer either reestablishes the network applications or dismisses the employee for the day.

The time the customer service representative spends waiting is considered hours worked

because the downtime period is of indeterminate duration, the employee is not relieved from duty,

and the employee is not able to effectively use this time for the employee’s own purposes.

11. Is there a requirement for “show-up” pay?

Under state law, an employer is not required by law to give advance notice to change an

employee’s shift or the shift’s duration, so there is no legal requirement for show-up pay. That is,

when employees report to work for their regularly scheduled shift but the employer has no work to

be performed, and the employees are released to leave the employer’s premises or designated

work site, the employer is not required to pay wages if no work has been performed. Local

jurisdictions, such as the City of Seattle, may have other employee protections or requirements

related to scheduling changes, show-up pay, or related topics.

12. Is paid leave taken to cover an absence under state paid sick leave laws, or other leave

provided by an employer, “hours worked”?

No. Hours when an employee uses paid sick leave, or other leave provided by an employer, are

not considered hours worked. Accordingly, an employer is not required to count those hours

towards paid sick leave accrual requirements or overtime eligibility requirements under state law.

See WAC 296-128-620; Administrative Policy ES.B.1; Administrative Policy ES.A.8.1.

13. Are rest periods considered “hours worked”?

Yes, rest periods are considered hours worked and must be compensated because they are “on

an employer’s time.” See WAC 296-126-092; Administrative Policy ES.C.6.1; Washington State

Nurses Ass’n v. Sacred Heart Medical Center, 175 Wn.2d 822, 287 P.3d 516 (2012).

14. Are meal periods considered “hours worked”?

Meal periods are considered hours of work when the employer requires employees to remain on

duty on the premises or at a prescribed work site and requires the employee to act in the interest

of the employer. In such cases, the meal period time counts toward the total number of hours

worked and is compensable. See Administrative Policy ES.C.6.1 for more guidance on when meal

periods must be paid.

15. What constitutes preparatory and concluding activities and when is this time

considered “hours worked”?

Preparatory and concluding activities are those activities that are considered integral or

necessary to the performance of the job. Those duties performed in readiness and/or completion

of the job are hours worked. When an employee does not have control over when and where

such activities may be performed, such activities are hours worked.

Examples of preparatory and concluding activities that are hours worked include:

15.1 Employees in a chemical plant who cannot perform their principal activities

without putting on certain clothes, or changing clothes, on the employer’s

ES.C.2 Hours Worked Page 13 of 13 7/19/2021

premises at the beginning and end of the workday. Changing clothes would be

an integral part of the employee’s principal activity.

15.2 Counting money in the till (cash register) before and after the shift, and other related

paperwork.

15.3 Preparation of equipment for the day’s operation, i.e., greasing, fueling, warming up

vehicles; cleaning vehicles or equipment; loading, and similar activities.

15.4 Time spent participating in mandatory security or health screenings at entry or exit

of a work facility.