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Travel and non-exempt employees

LeslieLeslie 1,729 Posts
in Compensation Vote Up0Vote Down
[font size="1" color="#FF0000"]LAST EDITED ON May-01-01 AT 03:03PM (CST)[/font][p]I have a non-exempt employee who was sent out of town for a day training session. His airline departure time was 9 a.m. and his arrival was approximately 9 p.m. His dept mgr put him in for 4 hours OT. Previously, we've had non-exempt employees go to in-town training. Even if it took them an hour longer to get to the training than it would have to get to work, we and have never paid for travel time, but have always paid for mileage. Under FMLA, are we obligated to pay OT for this time?
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Comments

  • 5 Comments sorted by Votes Date Added
  • dhnyctdhnyct 155 Posts
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    Travel time is paid when it falls in the employee's regular work schedule. I believe out-of-town considerations require an overnight stay.

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  • FrenchieFrenchie 116 Posts
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    According to wage and hour laws, for one day special assignments, all travel time is compensable. If the assignment requires an overnight stay, the travel time that cuts across the employee's workday hours is compensable, even if the travel occurs on non-work days.
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  • smartismarti 35 Posts
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    Overnight travel - Because of enforcement difficulties, DOL does not count as working time, overnight travel that occurs outside of regular working hours as a passenger on an airplane (& etc) where the employee is free to relax. Of course, employee who PERFORM work while traveling must be compensated. Out-of-Town Travel rules are a little different. DOL takes the position that such travel is not ordinary home-to-work travel. Instead the travel was performed for the employer's benefit and at its request. Therefore, it is part of the principal activity of the employer and must be compensated. DOL reminds exclude home to airport etc. Hope this helps some.
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  • LeslieLeslie 1,729 Posts
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    Thanks for all your help. Trust me I'm not as much of a space cadet as it appears. You all knew I was talking about FLSA, not FMLA as I put in my question notice!
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  • JackieJackie 41 Posts
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    Leslie -

    It is amazing - I looked into this same situation late last week! The responses you have been getting are what I have also learned.

    Word to the wise...be consistent!

    Good luck!
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