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When unpaid ‘gap time’ doesn’t violate FLSA

09/26/2014

With collective-action wage-and-hour claims on the rise, employers worry that they may be burned by unpaid work they didn’t even know employees were performing. But a recent appeals court decision provides a rare piece of good news: As long as employees haven’t worked more than 40 hours in any given workweek, so-called “gap time” between hours paid and hours worked doesn’t always mean liability.

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