Non-Exempt Pay for Events

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• kjsnyder 19 Posts

  March 2004 PMVote Up0Vote Down

  (1) Home to Work — Special Assignment — A problem often arises when an employee who regularly works at a fixed location in one city is given a special one-day work assignment in another city. “Such travel cannot be regarded as ordinary home to work travel occasioned merely by the fact of employment. It was performed for the employer’s benefit and at his special request to meet the needs of the particular and unusual assignment. It would thus qualify as an integral part of the ‘principal’ activity which the employee was hired to perform on the work day in question.” Accordingly, the time spent on this travel is work time. However, the employee’s normal travel time may be deducted from the working time, since it falls in the “home to work” category because the employee would have had to report to his regular work site anyway. Also, the usual meal period may be deducted from the working time. 29 C.F.R. §785.37.
  
  (2) Employers are not required by law to reimburse employees for the business use of their personal vehicles. Therefore, the employer determines what is business use.
  
  (3) Overnight Travel — Travel away from home for an overnight trip is clearly work time when it cuts across the employee’s regular workday. The employee is simply substituting travel for other duties. Travel time on nonworking days is also considered work time if conducted during normal work hours. For example, an employee who normally works 9 a.m. to 5 p.m. Monday through Friday must be paid for time spent traveling on a Sunday only for travel between the hours of 9 a.m. and 5 p.m. Regular meal period time is not counted. Travel during nonwork hours is not considered work time unless the employee is actually performing work while traveling. 29 C.F.R. §785.39.
  Work Performed While Traveling — “Any work which an employee is required to perform while traveling must be counted as hours worked.” 29 C.F.R. §785.41.
  

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• System 5,885 Posts

  March 2004 PMVote Up0Vote Down

  Thank you so much for your response.
  
  Just to clarify, the questions pertain to our Public Relations staff. They work a flex schedule based on their duties that week. None of the requests are out of the ordinary (except for the overnight stay). We are just not sure what we are required to pay and what we are not.
  
  Below is the job description. The expectation is to travel, just not sure if we need to pay them from the point they leave their house/travel, etc.
  
  BUSINESS DEVELOPMENT REPRESENTATIVE
  (Created 4/00)
  
  
  CATEGORY: VII.
  
  DEPT./ SUPERVISOR: ADMINISTRATION / VP OF ADMINISTRATION
  
  PRIMARY FUNCTION: Increase membership and member awareness concerning credit union products and services.
  
  DUTIES:
  
  1. Increase market penetration within the communities Qualstar is approved to serve.
  2. Represent the credit union at social, business, and community events in order to enhance the marketing and public relations effort.
  3. Assist in the implementation of promotion of credit union products.
  4. Other duties as assigned.
  
  PHYSICAL REQUIREMENTS:
  
  1. Must be able to sit or stand for long periods of time.
  2. Must be able to use computer keyboard and mouse.
  3. Must be able to view computer monitor.
  
  EDUCATION / EXPERIENCE:
  
  1. High school or equivalent education required.
  2. Ability to work independently in a non-supervised environment.
  3. Outgoing personality and good public speaking skills.
  4. Must have valid driver’s license, proof of insurance, and dependable vehicle.
  
  I can't tell you how much I appreciate your response.
  
  Thanks very much,
  
  Rita M. Reed
  Qualstar Credit Union
  Sr. Human Resources Manager
  425/460-3804 - Direct
  425/460-3934 - Fax
  [email]ritar@qualstarcu.com[/email]
  
  
  
  
  

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