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HAWAII: hourly to travel pay??

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  • HAWAII: hourly to travel pay??

    ALOHA! Please help me understand the Travel-Labor Laws in Hawaii. I am an hourly employee, and recently was asked to travel for assistance at trade shows, conferences and trainings. My question is: What is the law regarding my travel time...should I be reimbursed for my travel time, especially in the air? Should I get paid for all hours worked even my pay is base on an 8 hrs day?And all the time away from home??? My boss somehow managed to make me think that my time in the air is my time off to relax!!!??? On the last trip, I was away for a total of 61 hours, including travel time and time put in after hours, but was paid for only 38 hours for "time worked" (w/o travel time). Shouldn't I be paid for my total time away from my family??? Please assist me!
    I have asked to travel again this time for 2 week, working 14 days straight, between 10-12 hrs/day! I want to be sure I'll be compensated and not taken advantage of!!! MAHALO!

  • #2
    If you are a passenger (as would be the case if you are flying, unless you are the pilot), you need be paid ONLY for the time that you would normally have been at work, even if the travel is on a day that you would not work.

    So, your work day is 8 am to 5 pm with an hour for lunch. Your fllight leaves at 6 AM and arrives at 8 AM. No pay required for the travel.

    When you are at the conference or trade show, you need only be paid for hours worked. You do not have to be paid for the day.
    Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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    • #3
      help me understand more...

      Thank you for getting back to me.

      I'm in PR; I'm not the Pilot, but will do most of my commuting by air. So if it takes me about 20 hours of flying time to get to my destination, say Singapore with stops and layovers here and there...I'll only be paid for a normal work day of 8-5? even though I spent 20 hrs in transit? Well, I guess I can let my boss know this instead of having her fool me into thinking that my travel time is my off time (no pay) to relax on the plane. Give me a break! BTW, I flew coach while she flew 1st class....me, realxing, oh no!!!
      And while at the tradeshows, conferences and trainings, the agreement was to pay me a flat per day rate, which covers me for an 8 hrs-work-day...what if I work about a 12-15 day, can I ask her for overtime even though I agreed to a flat/day rate? Does a bonus count as overtime pay? Much Mahalo.
      Last edited by 2travelnottravelhawaii; 05-10-2008, 05:17 PM. Reason: words missing

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      • #4
        Originally posted by 2travelnottravelhawaii View Post
        ...what if I work about a 12-15 day, can I ask her for overtime even though I agreed to a flat/day rate? Does a bonus count as overtime pay? Much Mahalo.
        Your question implies that overtime pay is somehow optional. Legally this is not true. Assuming that you are Non-Exempt, then you must be paid overtime. It is not legally possible for this to be waived.

        Federal overtime rules

        Overtime Pay May Not Be Waived: The overtime requirement may not be waived by agreement between the employer and employees. An agreement that only 8 hours a day or only 40 hours a week will be counted as working time also fails the test of FLSA compliance. An announcement by the employer that no overtime work will be permitted, or that overtime work will not be paid for unless authorized in advance, also will not impair the employee's right to compensation for compensable overtime hours that are worked.
        Regarding bonus payments, there is a legal distinction between "discretionary" and "non-discretionary" bonus payments. Non-discretionary bonus payments affect the overtime calcuation and discretionary bonus payments do not.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

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