Clarification on Travel Time
Rockie
2,136 Posts
If I could get some clarification on a couple of subjects involving travel time and compensation for attending seminars.
(1) An employee spends the weekend in seminars in another state. Travel time that cuts across the work day is compensable. Is the time spent in the actual seminar compensable. Say...they spend 9 hours in a seminar. They could claim the 9 hours as work time, correct?
(2) An employee drives back and forth to a seminar each day, returning home in the evening. This does not involve overnight stay, but does require commuting. I know the seminar time is compensable, but is this travel time compensable (the part that falls outside the normal work day?)
Is there a simple way to explain this to employees. They get travel time and time spent in training, etc. confused. They don't realize they are talking about two different things here.
Thanks.
(1) An employee spends the weekend in seminars in another state. Travel time that cuts across the work day is compensable. Is the time spent in the actual seminar compensable. Say...they spend 9 hours in a seminar. They could claim the 9 hours as work time, correct?
(2) An employee drives back and forth to a seminar each day, returning home in the evening. This does not involve overnight stay, but does require commuting. I know the seminar time is compensable, but is this travel time compensable (the part that falls outside the normal work day?)
Is there a simple way to explain this to employees. They get travel time and time spent in training, etc. confused. They don't realize they are talking about two different things here.
Thanks.
Comments
My understanding under the FSLA is that as a general rule, normal home-to-work travel time is not compensable. As you stated, if the travel time cuts across an employee's normal work hours then it is compensable. The Wage & Hour Division of DOL has clarified the circumstances when the employer must pay for travel time as follows:
1. As previously stated, cutting across the normal workday, such as from one job site to another is covered.
2. If using a co. vehicle, travel time from home to work is paid time, if the employee gets work assignments or instructions by radio or telephone.
My book goes on to say that generally attendance at company business meetings, lectures and training programs need not be counted as compensable time IF
1. Attendance is outside the employee's regular working hours
2. Attendance is entirely voluntary
3. No productive work is being done
4. The meeting or training session is not directly related to the employee's job (training sessions ARE compensable when they are designed to make the employee handle his or her present job more effectively, as opposed to providing the employee with new skills which would qualify him or her for a different job).
At our company we do pay our employees for the time they spend at training sessions, and we pay mileage (if they use their own cars) from work to the training site, and from the training site back home as well, but I believe not for that time (I'm unsure because the majority of our employees sent to seminars are salaried/exempt, but I'll have to look into it for myself too). We have a comprehensive manual on travel time & pay etc. which emcompasses all the issues regarding weekend work/travel etc.