Compensable off site work and travel

Sierra · August 2004

We have a non-exempt employee whose job is to arrange outside activities and bus tours for our retirement facility residents. She sometimes accompanies our elderly residents on overnite trips to resorts, casinos, etc. as a sort of chaperon. During these trips, the company pays for her travel, lodging and meals. While away, the employee sets her own scedule and is free to participate in whatever entertainment is offered, but is expected to be available to trouble-shoot any problems that arise with the residents during the trip. How much of this time would be compensable?

dynamite9551 · August 2004

i believe only time spent actually working, eg.,performing the duties of her job. However, you did not state if part of her job was to arrange thse outside activites, and to "chaperone" as well. Does she travel voluntarily or is she required to accompany? Although she may not be required to be available she may also be considered "on call". Check with your local wage and hour divison for specifics.

2445428 · August 2004

Is it mandatory that she accompany the residents as a chaperon? If so, the time is compensable. If not, and she does it just because she wants to, then that's another situation. I would bet she would not be as inclined to do so if she doesn't get compensated. It can be a sticky situation if the employee wants to go and not be compensated. If the employee becomes disgruntled or terminated in the future, and you have not paid her for her "voluntary" chaperoning, she could claim that she was not compensated for all time worked. I would contact my attorney and get his advice. If it is not necessary for this employee to chaperon, why spend the company money on a non-essential matter or take the chance of a future lawsuit? Just wondering!

Compensable off site work and travel

Comments