If you require a nonexempt employee to stay at home or at work on an on-call or standby status, that time may qualify as hours worked, depending on how much you restrict their ability to actually have free time. Hours worked is defined as “the time during which an employee is subject to the control of an employer, and includes all the time the employee is suffered or permitted to work, whether required to do so or not.” Please note, the rules for on-call and standby pay discussed in this section apply only to nonexempt employees.

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