Overtime question

I have a nonexempt staff member who is working at a conference in a remote city and will be due overtime pay.

I think I understand the OT regs with respect to our positions, but one question has me stumped.

It is my understanding that an individual is not due overtime pay for travel if that travel takes place outside her normal working hours. So, for example, if she normally works 9-5, and her flight is at 7pm, she would not be due OT pay for the travel time.

Now, how about this? Our staff member is working too late to return home on the last day of the conference. Instead, she is returning the next day. We will pay for her hotel and meals for the overnight. She has decided that she will take advantage of the potential for an extra day in the city and return the following night.

It is my understanding that we would still not pay her OT for that travel time. Is that correct? Even though she could not return the day/night of the conference and had to stay the extra day?

Thanks for your help.


  • 2 Comments sorted by Votes Date Added
  • As long as her travel time home is outside of her normal working hours that next evening, her travel time would not be counted as paid work time.

    For example, if a nonexempt employee regularly works from 9 a.m. to 5 p.m. from Monday through Friday, the travel time during these hours is work time on Saturday and Sunday as well as on the other days. Regular meal period time is not counted as work time. For example, if an employee who normally works 9 a.m. to 5 p.m. from Monday through Friday is a passenger on a plane departing for San Francisco at 9 a.m. on a Saturday, his time spent traveling is work time because it cuts across his normal working hours. It does not matter that Saturday is not a normal workday. However, if the plane departed at 6 p.m. instead, his travel time would not be counted as paid work time because he would be traveling outside of normal working hours.
  • Make sure to check your state laws. In Wisconsin, all travel time is compensable, regardless of the time of day. If those hours put her over 40 in a work week, she would be due overtime.
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