Wage and Hour Division (WHD)
Section 64j03: Fatigue Considerations and Hourly Commensurate Rates
- Regulations 29 CFR Part 525.12(j)(3), which provides instructions for calculating hourly rates, states that evaluations of workers paid on an hourly basis should not be conducted if the worker is "fatigued or subject to conditions that result in less than normal productivity." No PF&D allowance is required when setting commensurate hourly rates because hourly workers must be paid for the short breaks and downtime which would be accounted for by such an allowance. The use of a PF&D allowance is required by Regulations 29 CFR Part 525.12(h)(2)(ii) only when calculating piece rates.
- WH finds time studies acceptable when the worker is observed and rated under a simulation of actual work conditions, the worker is rested and not fatigued, the worker has taken care of personal needs, and when there are no undue disruptions, delays, or interference.
- However, in light of Regulations 29 CFR Part 525.12(j)(3), the employer may choose to include a PF&D allowance if the worker cannot be evaluated under the conditions just described or because the employer wishes to pay workers with disabilities wages that exceed the applicable commensurate wage rate.