Portal-to-Portal Confusion!

HR Newbie

The Executive Director and I don't see eye to eye, and I'm concerned we're heading into a dark alley with this one. The company has made a practice (no policy) of paying non-exempt employees for time spent traveling to and from company-mandated seminars, conferences, etc. It doesn't matter whether or not they are driving a vehicle or riding as a passenger, or whether it's been in-state or out-of-state. Now, the ED insists time spent driving to an airport (outside of normal working hours) and riding as a passenger on a plane (again outside of normal working hours) are non-compensable because of Portal-to-Portal. A non-exempt employee has challenged his decision to not pay/comp out the time she lost traveling. Does anyone have a "simple" answer? I've accessed the DOL web site, but the Act seems vague to me. My concern is that the ED is applying the rule(s) as he sees fit, not in accordance with the law itself.

Hatchetman

[font size="1" color="#FF0000"]LAST EDITED ON 05-29-01 AT 08:09PM (CST)[/font][p]Actually, the ED is correct. Travel time is not generally compensable unless it is part of the employee's job, such as a driver or the employee is REQUIRED by the employer to travel from home to headquarters FIRST before going to the job at the distant worksite. Travel time outside of the employee's hours of work, to be compensable must either be part of the employee's principal activity or be a benefit to the employer, not just to the employee. Travel time on an airplane, train or bus that occurs "overnight" is generally compensable ONLY IF it occurs during the hours of work for the employee, including non-work days. That is, if the work hours for the employee are from 9 to 5, for example, M - F, any travel for the employer the employee does on an airplane from 9 to 5 on ANY day is compensable. However, the commute from the employee's home to the airport or train or bus station would not be compensable. Travel time on an airplane AFTER the regular hours of work would not be. Take a look at 29CFR785 and the following subsections.

Eliminating a practice like the ED is proposing to issue a contrary policy, however, has more to it than just what may be compensable under FLSA. There are employee relations and emplyee morale issues as well. Of course if there is a union, a past practice that has been incorporated by its existence into a collective bargaining agreement, then the ED would need to "negotiate" the change with the union.

TheCol

Your "Comp time v Overtime" yesterday seems to be on this subject. I'll try to be brief (ha!) [assume your normal work hours are from 8-5pm with an hour for lunch]
1. Seminar attendance time = hours worked.
2. Travel time = hours worked minus meals time DURING NORMAL DUTY HOURS. Outside of that clock time (8-5?), not paid.
Your employee Sun - Mon Conference:
Day 1 - Sunday
12:30 - 5 Paid (Minus meal if any)
5pm - 5:45 not paid
Day 2 - Monday
Conference paid time (8-3pm?)
Travel time paid from 3pm to 5pm
Travel time 5pm - 7:30 pm, not paid
To the extent the above exceeds 40 hours in a work week, overtime MUST be paid
Can not be on leave and work for the same hours.
No such thing as "Comp Time" for non-Public employees.
False Claim anywhere is Disciplinary.
ref: See "Payroll Manager's Newsletter", OCT 21, 2001, page 5.