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  • CALIFORNIA California

    We have a 20 hour a week staff person who wants to go to a conference out of town for four days and we don't have a policy for how that person would get paid while he's there. He's NON-exempt and hourly. He will be representing us at the conference.

    We want to follow the law and be fair to our employee.

    Edited to clarify that the employee is non-exempt and hourly.
    Last edited by jdlablaw; 06-02-2010, 05:29 PM.

  • #2
    I'm not sure I understand, are you wanting to pay this employee extra pay for attending this conference, since this will be more than his regularly scheduled hours?
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      If the employee is both Exempt and Salaried, you would pay the salary. Is there something I am missing here?
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)

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      • #4
        Hourly

        Thank you. I should have been more specific. The employee is hourly.

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        • #5
          Non-exempt

          I am so sorry. He is NON-EXEMPT.

          Non-exempt
          Works 20 hours on an hourly basis
          Going to a 4 day conference

          What is compliant?

          Pay for 24 hours a day since he is gone to a work-event?
          Pay for his regular time?
          Other?

          Thanks for putting up with the confusion.

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          • #6
            You said in your original post, he was exempt, but no matter.

            If he's nonexempt, you have to pay for all hours worked, including all
            hours at the conference and, maybe, travel to/from the conference--how is he getting there, is it local?

            Why would you think you wouldn't have to pay for all the time he's at the conference? He's going at your direction, representing your company.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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            • #7
              Thanks Patty. I clarified my original post and apologized. Got confused on Exepmt vs. Nonexempt.

              It is in another state.

              We were not planning to not pay him. Just trying to budget and figure out if we are supposed to pay 24 hours a day, his regular work hours, pay for 8 hours, other.

              If we are paying an hourly rate for 24 hours a day for 4 days, that would be prohibitive and we would probably not be able to send him.

              If we are supposed to pay for hours worked or hours worked plus travel, that might be more manageable. That will hinge on "hours worked."

              Either way, we are hoping to get clear on California Law, do the right thing, see if we can make it happen.

              Thanks

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              • #8
                My understanding is that California law is more stringent on "hours worked" regarding travel time than is federal. No, you don't have to pay 24 hours a day, but you do have to pay him travel time, no matter whether it coincides with his regular work schedule or not.

                Will he be driving or flying?
                I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                • #9
                  Thanks Patty.

                  He'll be fying.

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                  • #10
                    See Section 46.3 here:
                    http://www.dir.ca.gov/dlse/DLSEManua...enfcmanual.pdf
                    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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