Non-exempt travel
sonny
2,117 Posts
I have re-read all the posts on this topic and remain confused (which will come to no surprise to some of you )
anyway: We are requiring two non exempt employees to attend a training down state. They will have to travel there on Sunday and are supposed to register between 1 and 3. They are taking a company vehicle.
What do we pay them for Sunday?(not a regular work day)
If we do have to pay them. .at least for the time registering, it would count toward OT, correct?
anyway: We are requiring two non exempt employees to attend a training down state. They will have to travel there on Sunday and are supposed to register between 1 and 3. They are taking a company vehicle.
What do we pay them for Sunday?(not a regular work day)
If we do have to pay them. .at least for the time registering, it would count toward OT, correct?
Comments
If they travel down Sunday for training starting Monday, then you will need to pay them for time spent traveling AS LONG AS the time spent doing that is during regular working hours. (It falls under the overnight part of the rules.) The actual registration process is working time.
For example: Your employees work 9-5, Mon-Fri. Anytime spent traveling on ANY day of the week between the hours of 9-5 for an overnight stay must be paid time. If they leave at 8 and get there at noon you would only pay them for 3 hours. If they leave at 9 and get there at 1pm, you would pay them for 4 hours.
Time spent registering is the same as working time, so you would add that to any travel time. Whether the time is overtime depends on when your workweek starts, and how many hours they put in. For instance, if your workweek starts on Monday and they put in 40 hours by Friday then travel time Sunday is overtime. However, if your workweek starts Sunday and they don't come in on Friday, then it would be less than 40 hours worked.
Of course, all of this is complicated by your state laws and your own policies. (I have worked places where holidays and other leave counted as time worked for overtime purposes, but usually that is not the case.)
It sounds like your employees are staying overnight and that the hours they travel and the time spent registering will put them over 40 hours for the workweek. If that is so, then yes you pay them and yes it is overtime.
Hope this helps.
Good luck!
Nae