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Travel Hours Virginia

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  • Travel Hours Virginia

    Our firm requires employees to do some monthly travelling as the main duty is to host conferences throughout the US. If a non-exempt employee is sent to these conferences but only required to work the usual 8 hour day-some travel to and from is done on the weekends - do you have to compensate at time and a half for the hours spent travelling? All accommodations are free to these employees.
    Thanks.

  • #2
    It depends as to what hours the non-exempt employee is travelling. You mention weekends. On these weekends, is the employee travelling during their normal work hours?

    Example1: Jane's normal work hours are 8AM to 5PM. Jane travels to a one day out of time assignment on Sunday. Her trip lasts 4 hours and she's travelling during 1PM to 5PM. Jane should be paid for these 4 hours of work. If these 4 hours put her in overtime, then they should be compensated as such.

    Example2: Jane's normal work hours are 8AM to 5PM. Jane travels to a one day out of time assignment on Sunday. Her trip lasts 4 hours and she's travelling during 6PM to 10PM. Since Jane is travelling outside her normal work hours, she is not entitled to additional pay for travel hours.

    http://www.dol.gov/dol/allcfr/ESA/Ti...9CFR785.39.htm

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    • #3
      Thank you for the explanation. it does help to have this info. And is it simply up to individual company policy as to whether the non-exempt employee receives days off in lieu of actual overtime pay? This question stems from one of my co-workers who has been given more days off without them being charged against her own vacation leave, for travel days. The company has been more than generous in giving her time off. however, she is now raising an issue that she should be paid voertime for anything she works over 40 hours.
      It is kind of a sticky situation and any feedback is appreciated!

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      • #4
        Also, on most trips, the employee is able to stay at the destination an extra day, not working, just to sightsee, on the company's expense. She actually chooses the conferences at which she would like to attend based on its' locaton. For example, last week she was scheduled to be in San Francisco beginning last Monday - she flew there on Saturday and had a free weekend there, then began the work scheduled from Monday - Friday. She was flying back on Sunday (today) to get another free weekend. But claims she should be paid for all of the time that she is there. ???????

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        • #5
          In the public sector, non-exempt employees will still need to be paid for hours physically worked. If the travel falls during "compensable" work hours, you cannot forgo pay in lieu of comp time. This is just not allowed.

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          • #6
            She should only be paid for time physically worked and "compensable" travel time. If you have allowed her to stay additonal days which she is not working, these days may go unpaid.

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            • #7
              Thanks so much - your replies have cleared up a lot about it for me.

              Comment

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