Employers have long endured a lack of cohesive guidance as to what constitutes “work” under the Fair Labor Standards Act (FLSA). The FLSA itself does not define the term, and the Supreme Court has remained mostly silent on the topic since the 1940s.
A brief history of “work.” The FLSA dictates that “no employer shall employ any of his employees . . . for a workweek longer than 40 hours unless such employee receives compensation for his employment in excess of the hours above specified at a rate not less than one and one-half times the regular rate at which he is employed.”