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out of town trips Pennsylvania

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  • out of town trips Pennsylvania

    If an employer tells you that it is mandatory for you to go to out of town meetings, what are they required to pay? My employer has told a manager that she must travel 2 hours each way to a meeting. With travel time she will be working 12 hours. She normally works a 6-7 hour day and they told her that is all they will be paying her for. Is it legal even though she has to find sitters for her children (single mom) for the entire time? Thanks

  • #2
    Whether she has to find sitters for her children is totally irrelevant to whether she has to be paid or not. Contrary to what a great many people appear to believe, being a single mom does not entitle her to any special or additional rights.

    Is she exempt or non-exempt? THAT'S what matters.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      If by exempt you mean salaried, no, she is paid by the hour because they found out 2 years ago after another owner was sued that our manager position does not qualify to be a salaried position because of their resposibilities.

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      • #4
        Originally posted by realbarbra View Post
        If by exempt you mean salaried, no, she is paid by the hour because they found out 2 years ago after another owner was sued that our manager position does not qualify to be a salaried position because of their resposibilities.
        Then she must be paid for all hours worked, including overtime at time and a half. The travel time could be work time, if she is driving (or walking or on a bike). If she is a passenger, the travel time is not work time if the time is outside the normal work hours.

        Confused? So am I, but that is the way the federal laws go. State laws could be more generous (don't count on it, unless you are in the People's Republic of California).
        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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        • #5
          She must be paid for hours worked, but the definition of hours worked when traveling on a one-day assignment to another city specifically excludes her normal commute time. So, if it takes her 30 minutes to commute to the office, and it takes her 2 hours to drive to the other city, it appears that only 1 hour 30 minutes need be counted as hours worked for the one-way trip.
          http://www.dol.gov/dol/allcfr/ESA/Ti...9CFR785.37.htm

          When the travel involves an overnight stay, the regulations are somewhat different.
          http://www.dol.gov/dol/allcfr/ESA/Ti...9CFR785.39.htm
          http://www.dol.gov/dol/allcfr/ESA/Ti...9CFR785.40.htm
          Last edited by Pattymd; 10-06-2006, 04:08 AM.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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