Employees Residing on the Employer's Premises on a Permanent
For Extended Periods of Time or Working at Home
Some employees work at home or live on their employer's premises on a
permanent basis or for extended periods of time. Examples include an apartment
complex maintenance person who lives in the apartment complex, a house parent
in a group home or a college student employed as a "resident
assistant" who lives in the dormitory. If this describes your
employees employment situation, all of the time spent at their home or at
your premises is not hours worked. Ordinarily, your employee has time to engage
in normal private activities such as sleeping, eating, entertaining, and other
periods of complete freedom from all duties when he or she are able to leave
your premises and use the time as he or she chooses.
It is difficult to determine the exact hours worked under these
circumstances and any reasonable agreement between you and your employee which
takes into consideration all of the applicable facts will be accepted. In this
regard, you may wish to review waiting time,
meal periods and sleep
time. The agreement must indicate the number of hours your employee will
work and the hours he or she may use for personal activities.
The reasonable agreement must be an employee-employer agreement and not a
unilateral decision by you. Such an agreement should normally be in writing in
order to avoid any possible misunderstanding of the terms and conditions of
your employees employment. It must account for the time spent working and
the time when your employee may engage in normal private activities, with
sufficient time for eating, sleeping, entertaining and other periods of
The reasonable agreement should consider all relevant factors including any
restrictions or limitations on the use of your employees personal time
and the expected interruptions to eating and sleeping periods. Whether your
employee is really free to use personal time as he or she wishes will depend on
what actually happens, regardless of the provisions of the written agreement.
The following is an example of a reasonable agreement: a resident assistant
in the university dormitory has an agreement with the university to be
available for the dormitory residents 5 hours each day (from 10:00 a.m. to 1:00
p.m. and from 7:00 p.m. to 9:00 p.m.) Monday through Friday and to respond to
any emergencies in the dormitory. The resident assistant may use the rest of
his or her time for attending classes, studying, going to sporting events or
concerts, etc., as he or she chooses. The university considers as hours worked
the 5 hours per day (Monday through Friday) that the resident assistant is
available to residents and any time spent responding to emergencies in the
An exact record of hours worked is not required if your employee is living
on your premises or working at home. You may keep a time record showing the
schedule adopted in the agreement and indicate that your employees work
time generally was the same as the agreement or schedule.
If you and your employee find that there is a great difference between the
hours your employee agreed to work and the hours needed to do the job, a new
agreement must be reached which reflects the actual hours your employee is
required to work. All of the time your employee spends working is hours
Click on the underlined text to learn more about homeworkers.
To review the
click on the underlined text.
For more information, please contact your local
Hour District Office.