Payday loans

October 10, 2012

Pre-Hire Paperwork – Is It Compensable?

Filed under: General HR Buzz10:51 am

Dear FLSA Fact Finder –

I have a question about compensation for pre-hire activities.  After we offer employment to a new hire, I typically send a packet of information, including employee handbook and forms for them to review and complete (if possible) before their first day of work. Lately with the addition of more forms to complete, I’ve been wondering if this is considered compensable time? Please help!

Sincerely,

Feeling Confused

Dear Feeling Confused -

The answer to your question is “it depends.” (You didn’t expect a black and white answer, did you?) Following are a couple of scenarios that will hopefully answer your question:

1) ABC Company provides new hire paperwork and employee handbook prior to first day of work. They note that this could be completed prior to coming in on first day of work, but it is not required for them to do so. This would typically not be considered “hours worked” and therefore would not be compensable as it is voluntary.

2) XYZ Company provides new hire paperwork and employee handbook prior to first day of work. It is mandatory for new hires to complete paperwork and review employee handbook prior to first day of work. This would be typically be considered “hours worked” and would be compensable if the new hire has done as instructed prior to the first day at work.

Don’t let your confusion get the best of you!  The FLSA has some great tools available, including a definition of “hours worked” on their Fact Sheet which can be located by clicking here.

Sincerely,

FLSA Fact Finder

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