How to pay non-exempt travel

WITracy · January 2003

At the request of a client, we are sending a non-exempt employee to their headquarters for training. This will require two days of training, an overnight stay & probably an evening dinner. We have never had a non-exempt employee travel so have no policy covering this.

How are we required to pay them? Do we have to pay her regular rate for every hour she's there(excluding sleep time)? Is going to the airport at 5am or having dinner with a client "working"?

Thanks.

Lori B · January 2003

Pay for all hours worked/spent in training, including dinners, but only if they are for business. As far as travel time, pay for all travel if it occurs during the ee's normal work hours. For ex, if ee normally works 8 to 5, you would not be obligated to pay travel time that is occuring before 8 or after 5 for overnight trips like this. The rules get a bit more complicated, but these are the basics. You may want to search the forum for this topic in earlier discussions.

Mentel · January 2003

The Feds want you to pay all work time, including business dinners. Travel time is another story. You only need to pay travel time that crosses normal work hours(even weekends). But you need to check Wisconsin regulations. They require you to pay all travel hours plus work hours. You need to determine if you are covered by Wisconsin regulations. Go to the State of Wisconsin web site and look under wage and hour laws.

Vandee · January 2003

In California the employer must pay for travel time; thus if an employee is flying, the pay starts upon leaving the house for the airport.. if the plane gets delayed the employee is still on the clock. While at training the employee is only paid for the time attending the seminars, etc., not lunches or dinners unless it is mandated that they attend. I am trying to develop or find a travel policy that would pay minimum wage for non-productive hours, i.e. travel time. Does anyone have anything like this?

cali_chavs · January 2003

This came up only once in the last year. We paid travel time hours from plane departure to destination arrival each way. Then, we paid hours for actual work that the employee reported (usually, 8am-5pm). Of course, we reimbursed for travel, board, and meal expenses. I made several calls on this topic in an attempt to get it right, but never received concrete feedback. I'm waiting to hear back from state labor board.

WITracy · January 2003

In case anyone is wondering, I just talked to WI DOL & we are requred to pay for travel time starting from our office. So to the airport, while waiting at the airport, etc. until she reaches her hotel which is considered non-work time.

ThomasG · January 2003

Suggest you buy the MRA The Law Guide. Can purchase by calling 262-523-9090

State of Wisconsin rules require that if an employee travels on an overnight trip all travel time ( excluding meal periods) must be counted as working time. Federal rules require that if an employee travels on an overnight trip the employee need only be paid for travel time(excluding meal periods) which occurs during regular hours of work anf for travel time ( excluding meal periods) on Sasturday, Sunday, or holiday. Under the federal law however, the employee is not required to be paid for travelling outside working hours as a passenger on an airplane, train, boat, bus or automobile. If the employee is not a passenger, the time spent travelling outside of normal working hours is compensable. Wisconsin employers who are covered by both State of Wisconsin and federal rules must comply with the state law requirements which is more restrictive.

Mentel · January 2003

If you are in Wisconsin, Illinois or Iowa, the MRA is the way to go. Membership is reasonable, they have great surveys and legal material, and very good seminars on HR, manufacturing, supervision, etc. I would recommend them.

How to pay non-exempt travel

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