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Pay While Traveling for Hourly (non-exempt) Employees

Information is provided below regarding different types of pay while traveling. Regardless of the type of travel, please note:

· Communicate the rules to the employee prior to the trip to avoid misunderstandings.
· Use the same time zone when figuring travel hours to avoid confusion.
· Paid travel time is counted toward regular work hours and is subject to overtime rules.
· Paid travel time is counted toward the employee’s ACA average hours.
· NEVER ask or allow an employee to work or travel and not report payable time.

  • • All work performed and required attendance at training activities must be paid time.
    • Breaks of 20 minutes or less must be paid.
    • Free time does not need to be paid. Free time means the employee is completely relieved of duties and free to use the time as he or she chooses. Free time examples include:

    1. Lunch on own
    2. Free afternoon at a half-day seminar
    3. After-hours networking activities when not required by employer.
    4. Visiting vendor booths at employee’s choice
  • Training activities are typically paid time. For a training activity to NOT be counted as payable working time, the following four criteria must be met:

    • Attendance must occur outside the employee’s regular work hours.
    • Attendance must be voluntary on the employee’s part.
    • The employee performs no productive work while attending the event.
    • The activity is not directly related to the employee’s job.

  • When work duties involve chaperoning students, required time with the students is paid work. Examples include:

    · Acting as tour guide
    · Attending activities
    · Ensuring students are checked in to the hotel.
    · If the employee is responsible for managing emergencies that come up during the night, they are to be paid for the time working with the emergency.

  • Different rules apply depending on whether the travel is for the day or if it requires an overnight stay.

    One-Day Travel to Another City
    · Pay for all travel time.
    · Allowed to deduct the normal amount of time spent traveling between home and work (normal commute time)
    · Allowed to deduct regular meal period time of 30+ minutes if not performing any work.

    Travel Involving an Overnight Stay
    · Pay for the travel time that crosses over employee’s normal work schedule (e.g., 8 to 5). Apply same hours to weekend travel.
    · In the rare case where an employee truly has no normal work hours, the employer and employee may negotiate and, before the trip, agree on a reasonable amount of time or timeframe for which travel will be paid.
    · Allowed to deduct regular meal period time if not performing any work during that time.
    · Once at destination, travel from hotel to work/training site and back to hotel at end of the day does not need to be paid.
    · Exception: Time chauffeuring other employees is paid no matter time of day