In recording working time under the Fair Labor Standards Act (FLSA), infrequent and insignificant periods of time beyond the scheduled working hours, which cannot as a practical matter be precisely recorded for payroll purposes, may be disregarded. The courts have held that such periods of time are de minimis (insignificant).
This rule applies only where there are uncertain and indefinite periods of time involved, a few seconds or minutes in duration, and where the failure to count such time is justified by industrial realities. As noted below, an employer may not arbitrarily fail to count any part, however small, of working time that can be practically ascertained.
More from the United States Department of Labor can be found here: http://www.dol.gov/elaws/esa/flsa/hoursworked/screenEE29.asp
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