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non exempt EE going to a 3 day conference - what is work time New York

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  • non exempt EE going to a 3 day conference - what is work time New York

    Please help. I am locked in a battle and need backup! I work at a non profit and currently my staff and I are on a 4 day workweek (1 day reduction). They are hourly non exempt I am exempt. my non exemppt staff member will be attending a conference out of town. My understanding is that since the majority of the travel occurs during work hours, that is paid..but my finance person is questioning what we are paying her . i say we pay her for 5 days that week based on:

    1) she will start day at 9 am and plane lands at 4:45 by time we get to hotel etc, it will be 7 pm - shouldn' t all that time be comepensated?
    2) the first and 2nd nites of the conference there are work related dinners. to me, if she starts at 8 am, and we have a work related dinner that lasts til 9 pm, she should be paid for all that time.
    3) what started this is employee's boyfriend is picking her up FROM the conference and staying in hotel the last nite, they are asking for us to pay his parking (22 bucks) b/c she is not flying home. I don't have an issue with that at all...but finance says no and then took issue with me wanting to pay all her work hours.

    I would do t his for any employee and have in the past - work time is work time. and we are paying in advance for all expenses and also giving in cash a perdiem, so she is being compensated that way and conference pays for lunch and breakfast).

    thanks for help

  • #2
    A number of unrelated issues here.
    - Your starting point is to read the travel time regulations 29 CFR 785.33-785.41. All of them. Yes, it is most likely that 785.37 is likely the most important, but all regulations are in effect, and YOU really need to read the entire set.
    http://ecfr.gpoaccess.gov/cgi/t/text...1.2.44&idno=29
    - IF your company is requiring YOUR employee to attend these dinners, then this is hours worked. If you do not want to pay for the hours, then do not make her attend the dinner. Problem solved. Any time you hard control an employees hours, this is hours worked unless you can find a very specific regulation that says it is not. You might want to read 785.27 and 785.28.
    http://www.dol.gov/whd/regs/compliance/whdfs22.pdf
    - Neither federal law (FLSA) or NY law cares about the parking. Do whatever you want. There is some advantage to maintaining a consistent, coherent policy but there is no law saying what that policy should be.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      That was great info. thank you . i now have it saved for future reference!

      Comment

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