Compensable Travel Time

If a non-exempt employee is requested to travel to an out-of-state facility to attend a 4 day training program, is the travel time spent to and from that location compensated?

Comments

  • 6 Comments sorted by Votes Date Added
  • Are you asking if the employee is compensated to travel from their lodging to the training class? If so, the answer is no. If the employee is normally compensated for an 8-hour day, they would be paid for and 8-hour day at an out of town facility.
  • If you are asking do you have to pay them to travel to the out-of-town facility and back, the answer is yes. Travel time inside the scope of the ees employment, or at the request of the employer, is considered work. As s moll stated, traveling from the hotel to the facility is not considered work time. Neither sleeping or sipping martinis in the hotel lounge.
  • I'm referring to the travel to the other state and then travel back home upon completion of the four day training. I'm not concerned about the travel to and from the hotel and the training facility, just the interstate travel portion. As HRinFL pointed out, I suspected that this time was compensable. Now I'll have to figure out if I have an overtime issue if his travel occurred in addition to his normal working hours. Any thoughts?

  • >Now I'll have to figure out if
    >I have an overtime issue if his travel occurred
    >in addition to his normal working hours. Any
    >thoughts?

    If over 40 hrs. then yes there would be OT implications. I think everyone has assumed that this EE will be driving. If not, maybe flying, then there are some caveats to compensable time.

  • he's driving. I just don't know, yet, what his total accumulated hours worked has been for the week.
  • VPHR: Remember, if the driver is the employee, then the clock starts and stops when the driving requirement begins and ends (less normal meal breaks). Otherwise, the normal woking hours are the hours to be used as hours worked including Saturday and Sunday when the travel requirement extends into those days.

    Section 785.39 of the FLSA Regulations Part 785 is where you would find the specific words to support your actions. I once had a manager who did not want to pay employees for their travel time when we were escorting them from one work site to another work site during their normal work week. He was the boss and we did not pay the employee as an employee travelling from one work site to another. The employees did not know any difference so there was never a challenge, but I departed a few weeks later onto a bigger and better company and I was glad for it.

    Pork
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