Is Waiting Time Paid? Engaged to Wait vs. Waiting to Be Engaged
Hours, breaks and overtime tracked as they happen. Approve timecards and export payroll-ready hours without the copy and paste.
14 days free. No credit card needed. Cancel anytime.
Quick Answer
Under federal rules, waiting time is paid when the employee is engaged to wait: they're on duty and the waiting is part of the job, such as a repair tech waiting for a customer or a worker waiting while a machine is fixed. Waiting time is not work when the employee is waiting to be engaged: completely relieved from duty for a period long enough to use effectively for their own purposes and told in advance they may leave and when to return. On-call time is work if the employee must stay on the premises or so close they can't use the time for themselves.
Every business has waiting. A crew waits at the job site for materials. A technician waits for the customer to clear the room. A cashier waits for the store to get busy. A driver waits at the dock while a truck is loaded. Is that time paid?
Federal rules answer it with two phrases: engaged to wait and waiting to be engaged. The difference decides whether waiting time is hours worked that must be paid. This guide explains the rules, walks through common examples, covers on-call time and shows how to record waiting time on your time clock, with a free policy. It is general information, not legal advice; check state law too.
Is Waiting Time Paid? The Short Answer
| Situation | Paid? | Why |
|---|---|---|
| Waiting on duty for work to arrive | Yes | Engaged to wait |
| Completely relieved, told when to return, can use the time | No | Waiting to be engaged |
| On call at the workplace | Yes | Can't use the time for themselves |
| On call at home, just reachable by phone | Generally no | Free to use the time |
| Waiting before the shift because they arrived early by choice | Generally no | Not required to wait |
| Waiting before the shift because they were told to arrive early | Yes | Employer required it |
Engaged to Wait: Waiting That Counts as Work
Under 29 CFR 785.15, an employee who is on duty and waiting is engaged to wait, and that time is work. The regulation gives examples: a stenographer who reads a book while waiting for dictation, a messenger who works a crossword puzzle while awaiting assignments, a firefighter who plays checkers while waiting for alarms, a factory worker who talks to coworkers while waiting for machinery to be repaired and a repairman waiting for a customer to get the premises ready. Their time belongs to the employer, even if they're not actively doing anything.
- The waiting is part of the job.
- The employee can't use the time effectively for personal purposes.
- The employee must be ready to start when work arrives.
- The waiting periods are usually short or unpredictable.
Waiting to Be Engaged: Waiting That Isn't Work
Under 29 CFR 785.16, periods when an employee is completely relieved from duty are not hours worked, if they're long enough for the employee to use the time effectively for their own purposes. The employee must be definitely told in advance that they may leave the job and that they don't have to start work until a specific time. The regulation's example is a truck driver who is completely and specifically relieved from all duty until a set return time.
- The employee is told they're off duty.
- They're told exactly when to come back.
- The time is long enough to use for themselves.
- They're free to leave and do what they want.
Whether a period is long enough depends on the facts. A 10-minute gap usually isn't; two hours with a clear return time usually is.
On-Call Time
Under 29 CFR 785.17, an employee who must remain on call on the employer's premises, or so close that they can't use the time effectively for their own purposes, is working while on call. An employee who only has to leave word where they can be reached is not working while on call. How often they're called and how quickly they must respond also matter. See the on-call policy for hourly employees and on-call vs. on the clock.
Free Waiting Time Policy Template
Waiting Time Policy
Non-exempt employees are paid for all time they are required to wait while on duty, including waiting for materials, customers, equipment, assignments or instructions. Stay clocked in during on-duty waiting time. If your supervisor relieves you from duty for a period long enough to use for your own purposes, you will be told in advance that you are off duty and the exact time to return; clock out for that period and clock back in when you return. If you are required to remain at or near the work site, you are on duty and will be paid. Employees may not clock in more than [X] minutes before their scheduled start unless asked to start early. Questions: [contact].
Examples by Industry
| Example | Paid? | Reason |
|---|---|---|
| Construction crew waits 45 minutes at the site for a concrete truck | Yes | On duty, must be ready |
| Crew sent home at 10 a.m. due to rain, told to return tomorrow | No (after release) | Relieved from duty |
| HVAC tech waits for the customer to clear the attic | Yes | Engaged to wait |
| Driver waits at the dock while the trailer is loaded | Generally yes | Must stay with the truck |
| Driver told he's off until 4 p.m. and can leave the truck | Generally no | Relieved with set return time |
| Retail clerk told to wait in the back for a delivery | Yes | On duty |
| Event staff waiting for guests to arrive | Yes | On duty |
| Nurse waiting in the break room for patients, must respond immediately | Yes | Can't use time freely |
| Employee arrives 20 minutes early by choice and waits in the car | Generally no | Not required |
Small differences in facts can change the answer, so document how waiting time is handled in your workplace.
Waiting Before and After Shifts
Waiting before a shift is generally not work if the employee chose to arrive early and isn't asked to do anything. It becomes work when the employer requires employees to arrive early, wait for instructions, wait in line for required equipment or wait for a supervisor to start the shift. The same applies at the end of a shift: waiting to be dismissed, waiting for a final count or waiting for a supervisor to release the crew is generally work. See early clock-in rules and donning and doffing.
Waiting During Travel
Waiting during work travel follows similar logic. Time spent waiting at a job site between assignments during the workday is generally work. Ordinary commuting from home to the first work site generally isn't. Travel and waiting rules can get detailed, especially for overnight travel. See travel time pay for hourly employees.
How to Record Waiting Time on the Time Clock
- Keep employees clocked in during on-duty waiting.
- Use a job or task code such as "waiting" or "standby" if you want to track how much time is spent waiting.
- Clock out only for true off-duty periods, with a set return time.
- Add punch notes explaining waits, such as "waited for materials."
- Review long gaps and off-duty periods during timesheet approval.
Tracking waiting as its own code shows where time is lost, such as late deliveries or poor coordination, which helps you fix the cause. See job cost codes.
Reducing Paid Waiting Time
Paid waiting time is a real labor cost. You can't avoid paying for it when employees are engaged to wait, but you can reduce how often it happens:
- Confirm deliveries and customer readiness before sending crews.
- Stagger start times to match when work is ready.
- Give employees productive tasks during expected waits.
- Release employees properly, with a set return time, when waits will be long.
- Track waiting time by cause to fix the biggest problems.
See the job handoff checklist.
Waiting Time and Overtime
Paid waiting time counts as hours worked for overtime. A crew that waits an hour each day for materials can easily cross 40 hours in a week, and that time must be paid at the overtime rate. Watch weekly hours on jobs with frequent delays. See the overtime tracker.
State Rules
Some states have their own rules on hours worked, reporting time pay and on-call time that can be more protective than federal law. If an employee reports to work and is sent home early, some states require minimum reporting time pay. Check your state's rules. See reporting time pay rules by state.
Example: A Plumbing Company
A plumbing company's technicians often waited 30 to 60 minutes at job sites for homeowners or other trades. The office manager had been telling them to clock out while waiting. After reviewing the rules, the owner changed the policy: technicians stay clocked in while waiting on duty and use a "waiting" task code with a note. Within a month, the data showed most waits came from two builders who weren't ready on schedule. The company started confirming site readiness the day before, cutting waiting time in half, and technicians were paid correctly for the waits that remained.
Common Mistakes
- Telling employees to clock out while waiting on duty.
- Unclear release without a set return time.
- Short gaps treated as unpaid when employees can't really use them.
- Requiring early arrival without paying for the wait.
- Ignoring on-call restrictions that make time work.
- Not tracking waiting time to find the causes.
Waiting Time Checklist
| Question | If yes... |
|---|---|
| Is the employee on duty and required to be ready? | Paid |
| Were they clearly released with a set return time? | Generally unpaid |
| Is the period long enough to use for themselves? | Generally unpaid if released |
| Must they stay at or near the workplace? | Paid |
| Did the employer require early arrival? | Paid |
Short Breaks vs. Waiting Time
Short breaks of about 5 to 20 minutes are generally treated as paid work time under federal rules, and short waits during the workday usually are too. A gap between assignments is only unpaid when the employee is completely relieved from duty for long enough to use the time effectively for personal purposes and knows when to return. If you're unsure whether a gap is long enough, treat it as paid.
How to Release Employees Properly
- Tell the employee clearly that they are off duty.
- Give a specific time to return.
- Make sure the period is long enough for them to use for personal purposes.
- Don't require them to stay at the site or answer calls.
- Have them clock out and back in.
- Note the release in the timesheet.
If any of these are missing, the time is likely still work.
Waiting Time for Drivers and Field Crews
Drivers and field crews wait more than most employees: at loading docks, customer sites, inspections and supply houses. For each common wait, decide in advance whether employees stay on duty or are released, and train crew leads to apply it consistently. GPS punches and notes show where and why waits happened, which helps with both pay accuracy and fixing the causes. See tracking time across multiple job sites.
Waiting Time and Billing Clients
When customers cause waits, such as a site not ready or a homeowner running late, your crew is still on the clock. Some businesses bill clients for waiting time in their contracts or charge a trip fee when work can't start. Tracking waiting time by job gives you the records to support those charges. See the scope of work template.
Waiting Time Policy Checklist
| Step | Done? |
|---|---|
| Define on-duty waiting and keep employees clocked in | |
| Define how to release employees, with return times | |
| Set rules for early arrival and pre-shift waiting | |
| Set on-call rules | |
| Create a waiting task code | |
| Train crew leads and managers | |
| Review waiting time monthly by cause |
Reviewing the policy with crew leads every few months keeps everyone applying it the same way.
Explaining the Rule to Employees
Employees often don't know the difference between on-duty waiting and being released. Explain it simply: if you're told to wait and be ready, you're working and stay clocked in; if you're told you're off until a set time and can leave, clock out. Clear explanations prevent both unpaid work and paid personal time, and give crew leads a consistent answer when questions come up on site.
Revisit the rules whenever you add a new type of work, such as a new client with long site waits, so the policy keeps matching how your crews actually spend their day.
Finally, keep your waiting time decisions consistent across crews and locations. When one supervisor pays for on-site waits and another tells employees to clock out, the inconsistency creates both pay errors and frustration, so train every supervisor on the same rules.
Final Thoughts
Is waiting time paid? Under federal rules, yes when employees are engaged to wait: on duty, ready to work and unable to use the time for themselves. No when they're waiting to be engaged: completely relieved from duty, told when to return and free to use the time. Keep employees clocked in during on-duty waits, release them clearly when waits are long, track waiting time to find and fix the causes and check your state's rules.
Track Waiting Time With Updoot
Updoot's employee time clock lets employees clock in by job or location, add punch notes explaining waits and clock out and back in for true off-duty periods, with GPS on mobile and daily, weekly or California overtime tracking so paid waiting time is counted correctly.
See the Updoot pricing page for current plans, and start a free trial to test it with your team.
Sources
- 29 CFR 785.15: On Duty (Engaged to Wait)
- 29 CFR 785.16: Off Duty (Waiting to Be Engaged)
- 29 CFR 785.17: On-Call Time
- U.S. DOL: Fact Sheet #22, Hours Worked Under the FLSA