Comments on: Answers to tricky legal questions: When nonexempts go on the road

By: Donna

Donna — Mon, 09 Mar 2009 14:59:32 +0000

We have two full-time hourly staff members that will be traveling with teens on a three day event from Chicago to DC. How do we track there hours? They will be required to supervising the teens attending throughout the trip.

Thanks for any insight.

By: Deanna

Deanna — Wed, 14 Jan 2009 18:33:58 +0000

A salaried employee commits to transfer from Ohio to Texas. He is given room and per diem board in Texas until locating a home (approx 2-3 months). Is the room and board considered fringe benefits and should a 1099 be issued? I could also see how it could be included in compensation as a non-cash payment.

By: Angel M.

Angel M. — Wed, 22 Oct 2008 18:41:45 +0000

I have a senario for you… I do payroll for a construction company. Our job sites vary from place to place usually within a 40-50 mile radius. We already have in place that anything outside this normal radius they will get 1/2 hour each way for travel, should this be ot or not? We have several employee’s that live 1.5 to 2 hours away. Upon hire they worked a deal to get 1 hour of travel time a day does that have to be paid in overtime. If not, and we have already been paying as overtime, would the employee have a case if we went back to paying it as regular time. Thanks for any assistance in this matter.

By: Mary

Mary — Wed, 22 Oct 2008 14:36:11 +0000

In regards to non-exempt travel. What if you have an employee who is traveling overseas, and their travel time exceeds the normal 8 hour day? Is the total travel time considered work time and subject to OT if it causes the workweek to exceed 40 hours?

By: Celia Martinez

Celia Martinez — Wed, 10 Sep 2008 15:17:12 +0000

Is it legal for a contractor to do the following:
The employee was hired as a cable installer, he gets paid commission based on how many disconnects he does, he is required to use his own vehicle. he has to pay to get a ladder rack put on his vehicle and does not get paid for mileage.

By: Bonnie

Bonnie — Wed, 27 Aug 2008 17:40:27 +0000

What about a construction employee who regularly travels to remote locations to work? Is their travel time to be included in the overtime calculation?

By: Joanne

Joanne — Wed, 27 Aug 2008 16:15:50 +0000

If a handbook states that the employer reserves the right to assign employees to a different work location on a temporary or permanent basis at any time, including one day assignments, is travel time for these instances compensable?

By: Shirl Sieli

Shirl Sieli — Wed, 30 Jul 2008 15:14:19 +0000

We have an admin assistant who has been here 7 years and paid as salaried. We are now planning to change her pay to hourly (and possibly part time) since she sits much of the day with nothing to do. Is there anything we need to do or know before approaching her on this? Thanks for any help.

By: John Englert

John Englert — Wed, 09 Jul 2008 13:45:48 +0000

Great info on nonexempt overtime. I really apprecate being able to take a few minutes to stay current on issues that we all run into at one time or another.

By: Sam Narisi

Sam Narisi — Fri, 20 Jun 2008 12:45:22 +0000

Mary,

It sounds like you’re just talking about scheduling employees so they don’t work more than 40 hours in a given week, which is fine under FLSA.

Sam Narisi