Laws for Paying Non-Exempt for Travel
The Fair Labor Standards Act governs many labor laws in the United States, including who is eligible for overtime pay and who is not, a designation often referred to as “exempt” and “non-exempt,” the latter of which legally can receive overtime. Time keeping for non-exempt employees while on travel has its own set of rules and should be governed by employers closely, so the employee is paid for the appropriate amount of time worked.
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Travel During Work Hours
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Time spent in transit from one location to another, for example, the time spent traveling from the home work location to an off-site facility or event, is considered payable time worked to the extent that the travel occurs during the regular work day hours of the organization on any day of the week, except for a designated lunch period. If the employee works a flexible schedule and normally only works in the afternoons, time spent in transit is time worked to the extent that the travel occurs during the employee’s scheduled work hours, except for the lunch period.
Work While Traveling
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For travel outside the area of an employee’s normal place of work, time spent working while in transit is also time worked, whether during or outside work hours. Modern communications, including wireless Internet access in hotels, airports and even airplanes, makes it much easier for employees to stay connected and respond to email and work on files. Even reading work-related documents during transit is considered an activity for which time can be charged for payment. The time during which work is performed while in transit should be charged to the appropriate project(s).
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Travel Starting Time
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Time in transit for which a non-exempt employee should be paid begins at the time of the employee’s departure -- from the employee’s home or office, for example -- and ends at the time of arrival at the employee’s destination -- at a hotel or meeting site at the travel destination, for example. Normal commuting time does not count toward time for which the employee should be paid; for example, if an employ travels from home to the office and then leaves the office for business travel.
Work Schedule
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The work schedule of an employee on travel, like the schedule of an employee at his or her normal place of work, may be varied to meet staffing needs and operational demands. An employee may normally only work half a day or may work a schedule of three long days and two short days, totaling a full work week. But the situation may arise during work that is off-site that an employee’s schedule must be adjusted to handle duties. The hours worked during this new schedule are subject to payment.
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References
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