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Topic: Travel time for non exempt employees

1.  Travel time for non exempt employees

Posted 12 days ago
At my company we require non-exempt employees to travel to other states overnight for work the next day but according to SHRM and the FLSA we do not have to compensate them for travel outside of their normal work hours 8-5. The problem is that I have managers that are requiring them to work a full day and then scheduling them to fly after 5 so they don't have to pay them overtime. If the managers schedule their flights and the employee has no say shouldn't the be compensated for that time?

Christine Eubank















Christine Eubank / Whisman
cwhisman@cox.net


2.  RE: Travel time for non exempt employees

Posted 10 days ago
My initial reaction was that there would be something that would trigger payment, but it appears to be entirely related to whether or not they perform any work while in the process of traveling, as opposed to the traveling itself since they are not physically driving. These are probably the same links you've already viewed, but I poked around a bit to confirm for my own understanding as well.

Fact Sheet 22 - Wage and Hour Division (WHD) - U.S. Department of Labor

https://www.shrm.org/resourcesandtools/tools-and-samples/hr-qa/pages/cms_014392.aspx

One stated nuance is that if the travel takes place during normal working hours, even if it's on a day that they would not normally be working, it's paid.

Good luck!

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Jennifer Pittman SHRM-SCP
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3.  RE: Travel time for non exempt employees

Posted 10 days ago
Our company discourages travel after working a full day. We consider it a safety risk, especially if the employee will be driving upon arrival at their destination as they could be fatigued. Even a partial day can be a safety concern, depending on the length of the flight, number of connections, etc. 

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Elizabeth Crutcher

Technology Solutions

Operational Coordinator

T: +1 931 379 1340 - M: +1 931 446 8017

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P. O. Box 152

Mt. Pleasant, Tennessee 38474-0152

www.solvay.com

 

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4.  RE: Travel time for non exempt employees

Posted 10 days ago
Unfortunately, no, you are not required; however, the company has the ability to do what they deem necessary in order to retain workers who are giving you their best.

Nothing says you cannot compensate despite the FLSA telling you that you are not required to do so after regular hours, it doesn't mean you cannot come up with a creative way to ensure your employees are happy, satisfied, and retained.

You may want to remind those managers the cost of turnover and retraining new workers.

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Maria Lopez-Ruiz
Human Resources Manager
Water Blasting Technologies
Stuart FL
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