July 10, 2015
Some nonexempt positions require travel.
Employees in positions classified as nonexempt under the Fair Labor Standards Act are eligible for compensation for time they spend traveling. The compensation an employee receives depends upon the kind of travel and whether the travel time takes place within normal work
hours or outside of normal work hours.
“Normal work hours,” for the purposes of this policy, are define as 8:30 a.m. to 5:30 p.m. This definition applies to normal workdays (Monday through Friday) and to weekends (Saturday and Sunday).
Travel Time Defined
“Travel time” is defined as including the time the employee arrives at the airport to the time the employee reaches his/her destination. If an employee is traveling to a location, then the destination is either the hotel or the work site (if the employee travels directly from the airport to work). If the employee is returning home from a location, the destination is the airport of final arrival.
If an employee is traveling by air and no flights are available from or to the airport nearest the employee’s residence, then travel between the employee’s residence and the airport is considered travel time and is eligible for compensation in accordance with the policy guidelines below.
Travel between home and work or between the hotel and worksite is considered normal commuting time and is not eligible for compensation.
If an employee requests a specific travel itinerary or mode of transportation that is different from the one authorized by the company, only the estimated travel time associated with theitinerary and mode of transportation that has been authorized will be eligible for compensation.
Travel Time within Normal Work Hours
Any portion of authorized travel time that takes place within normal work hours (defined as 8:30 a.m. to 5:30 p.m.) on any day of the week, including Saturday and Sunday, is treated as work hours. Travel time within normal work hours will be paid at the employee’s regular hourly
rate [Note: this can be changed to an hourly rate that is lower as long as it still complies with minimum wage] and will be factored into overtime calculations.
When an employee travels between two or more time zones, the time zone associated with the point of departure should be used to determine whether the travel falls within normal work hours.
Travel Time Outside of Normal Work Hours
Any portion of authorized travel time (with the exception of driving time) that takes place outside of normal work hours is considered to be outside travel hours.
When a non-exempt employee is required to travel as a passenger in an automobile, plane or any other mode of transportation, outside of normal work hours, he/she will not be compensated for that portion of travel time that takes place outside of normal work hours. Unlike work hours, outside travel hours are not factored into overtime calculations.
When an employee travels between two or more time zones, the time zone associated with the point of departure should be used to determine whether the travel falls within normal work hours.
Travel Time as the Driver of an Automobile
All authorized travel time spent driving an automobile (as the driver, not as a passenger) is treated as work hours, regardless of whether the travel takes place within normal work hours or outside normal work hours. An employee will receive his/her regular hourly rate [Note: this can be changed to an hourly rate that is lower as long as it still complies with minimum wage] for all travel time spent as the driver of an automobile and this time will be factored into overtime calculations.
Travel as a passenger in an automobile is not automatically treated as work hours. Travel as a passenger in an automobile is treated the same as all other forms of travel and compensation depends upon whether the travel time takes place within normal work hours or outside of normal
work hours.
If an employee drives a car as a matter of personal preference when an authorized flight or other travel mode is available and the travel time by car would exceed that of the authorized mode, only the estimated travel time associated with the authorized mode will be eligible for
compensation.
Calculating and Reporting Travel Time
Employees are responsible for accurately tracking, calculating and reporting travel time on their time sheets in accordance with this policy.
Meal periods should be deducted from all travel time.
If an employee requests a specific travel itinerary or mode that is different from the one authorized, only the estimated travel time associated with the schedule, route and mode of transportation authorized should be reported on the time sheet.
Complaint Procedure
Employees who believe they have been compelled to travel without receiving proper compensation should contact the HR Director or their immediate supervisor immediately to request an investigation.
The employee will be asked to specify in writing, using the guidance above, the circumstances of the pay discrepancy and whether it has occurred on other occasions. [HR Director] will review pay records and interview the supervisor or manager, as well as the payroll representatives handling the employee’s pay, to determine if the allegation is correct.
If the employee’s allegations are true, the company will reimburse the employee as promptly as possible (but in no case longer than two pay periods from the identification of the problem).
The individual(s) responsible for the error will be investigated further to determine if this was an isolated incident or a pattern of conduct that requires further action on the part of the company. If warranted, the responsible person(s) will be held accountable for the error(s) made
consistent with the company’s disciplinary policy.
The resolution of the situation will be documented (including confirmation on the part of the employee that the situation has been resolved) and placed with the employee’s pay records. Following the identification of such a problem, the Company will establish a practice to regularly audit employee pay records to ensure no further issues arise.
Sample General Wage/Hour Complaint Procedure
Employees who believe they have been compelled to perform work without being properly compensated should contact the HR Director or their immediate supervisor immediately to request an investigation.
The employee will be asked to specify in writing, using the guidance above, the circumstances of the pay discrepancy and whether it has occurred on other occasions. [HR Director] will review applicable time and pay records and interview the supervisor or manager, as well as the payroll representatives handling the employee’s pay or hours worked, to determine if the allegation is correct.
If the employee’s allegations are true, the company will reimburse the employee as promptly as possible (but in no case longer than two pay periods from the identification of the problem).
The individual(s) responsible for the error will be investigated further to determine if this was an isolated incident or a pattern of conduct that requires further action on the part of the company. If warranted, the responsible person(s) will be held accountable for the error(s) made consistent with the company’s disciplinary policy.
The resolution of the situation will be documented (including confirmation on the part of the employee that the situation has been resolved) and placed with the employee’s pay records.
Following the identification of such a problem, the Company will establish a practice to regularly audit employee pay records to ensure no further issues arise.