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elaws - employment laws assistance for workers and small businesses - FLSA Section 14(c) Advisor

Rehabilitative Services and Hours Worked Under the FLSA

Time spent by workers with disabilities in rehabilitative services is not hours worked provided the services are not primarily for the purpose of increasing job productivity. Examples of rehabilitative services are counseling, psychological testing, mobility training, medical treatments, personal care, physical therapy, occupational therapy, recreation and physical exercise. In addition, time spent receiving training in life skills or general vocational training is not hours worked.

This is the U.S. Department of Labor’s position whether the services are given to a group of workers or to individual workers, and whether given at scheduled times or at irregular intervals.

The burden of identifying and segregating on time records the time spent in rehabilitative services from hours worked rests with the employer.

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FLSA Section 14(c) Advisor | Wage and Hour Division