The return of the (fake) mailbag | Employer Handbook
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Dear Mr. Mudrick,
I’m sending an employee on a business trip to visit an important client, and the trip will include an overnight flight on a weekend. Do I have to pay my employee for time spent on the flight, during which time she’ll likely be sleeping or streaming old episodes of Full House?
Best,
Katsopolis
If this individual is a salaried exempt employee – meaning that the employee is not eligible for overtime under the Fair Labor Standards Act and applicable state law – then there is no need to pay the employee any extra compensation for this travel time. The employee’s fixed weekly salary covers all travel time during any work week, whether on plane, train or automobile. (Psst, but make sure the salary exceeds any state minimum salary requirements, which can be higher than the federal requirement.)
However, if this employee is non-exempt, things get more complicated under the Fair Labor Standards Act. In this case, because the travel is in connection with an overnight out-of-town travel, the employee in question is entitled to pay for any time spent traveling that intersects with her regular workday, regardless of what day the travel occurs.
For example, if the required travel lasts from 10:00 pm to 10:00 am and the employee regularly works most days from 9:00 am to 5:00 pm, then only one the hour during which this travel time overlaps with her regular shift...
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