Paid Travel for Non-Exempts

Is there a law or can it just be policy on not paying non-exempts if they travel durning non-work hours (evenings or weekends) for company business?

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  • Hi Evergreen. Look at the Fair Labor Standard Act regarding the requirements for paying for travel time for non-exempt employees. If you go to the Department of Labor Web site you should be able to search on the FLSA to get to this section of the law. Based on my interpretation of that part of the FLSA law, employers are only required to pay non-exempt/hourly paid employees for travel time for business reasons if it falls during their normal scheduled work times. However, you need to carry their normal schedule into the weekend as well. (For example, if an employee normally works 8a.m.-5p.m. Monday-Friday and travels on Saturday from 10a.m. to 2p.m. that would be time he/she would need to be compensated for because the travel time falls during their normal scheduled work hours.) If they travel outside of their normal scheduled work time then you are not required to pay them unless of course the employee is doing "work" while traveling (i.e. planning a presentation while flying). Check the FLSA and also your state laws to make sure it does not differ or is not more intense than the Federal law.
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