Hello

I am an hourly worker. I work 8am to 4:30 pm Monday through Friday. Occasionally we stay until 6:00 pm and are paid overtime pay.
I must attend a seminar in another state. I must fly out on Sunday, which is my day off. The seminar is on Monday and Tuesday . I fly back Tuesday evening and will go back to work on Wednesday morning at 8am. I am being told there is no compensation for my Sunday of flying or my after hours flying back on Tuesday evening.
At a previous job I was an exempt (salaried) employee and this was common practice however our manual states we are to be paid overtime for anything in excess of 40 hours during out work week. (which runs Wednesday to Wednesday)
Does anyone know if this is legal? If this has happened to you and your are hourly, how did your company handle it?

Thank You!
Bobbi123 :confused:

For nonexempt employees, the Portal-to-Portal Act requires that you be paid for all travel hours that coincide with your regularly scheduled hours, even if that travel is on a non-scheduled work day (with limited exceptions, which don't apply here).

So, if you travel on Sunday from between 8:30 and 4:30, including driving yourself to the airport (but not if someone drives you, or you take public transportation), you must be paid for those hours. For travel after 4:30 (in your case), no, the law does not require it.
http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_785/29CFR785.39.htm

I don't disagree with you, but that's the law. :(

That travel time "away from home", overnight, would also be considered work time, which means it must be considered when calculating what overtime is due.

And if you are not "working" for the time between then you get to the hotel and the end of your regular scheduled work day, then theoretically they don't have to pay you, since you are nonexempt and you aren't "working". Having said that however, in my opinion, it would be petty of them not to pay you. They ARE the ones making the travel arrangements, right?

No problem. Travel away from home for nonexempt employees can be one of the more complicated issues in wage and hour law.

Sunday, 2 p.m. to 5 p.m. (no drive time because you are using your own vehicle and driving yourself)
Tuesday, 4 p.m. to 5 p.m. (because you are a passenger)

Sorry, but that's pretty much it. Unless you are based in California, then it's ALL compensable. I don't know of any state other than CA that has more stringent requirements than federal.

Labor not schedules are the law. Your LABOR....

How they will handle it?

Depends on how viindictive they are and if someone is on a budget plus (really meaning minus) system of bonus work.

Chances are they've already budgeted paying you BUT if you insist they keep the money --- little Tommy gets a new Harley this Christmas....