USU Human Resources

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Question

Q

My boss asked two other colleagues in our office to go with her to a conference; she drove. We didn't get back until 8:00 pm. Don't we get compensated for those three hours of overtime?

Answer(s)

A

The FLSA states that if the employee is not performing work for the benefit of the employer, the time outside of the employee's regular working hours is not compensable.

Posted on 30 Jun 2009

HR Office

Answer(s)

A

The FLSA states that if the employee is not performing work for the benefit of the employer, the time outside of the employee's regular working hours is not compensable.

EXAMPLES OF TRAVEL SITUATIONS

  • Priyanka and Cha drive to a conference in Provo.
    • They leave Logan at 8:00 am; their regular work starting time.
    • They leave the conference in Provo at 5:00 pm.
    • Priyanka drives back to Logan and will be compensated for the driving time.
    • Cha will not necessarily be compensated for the time after 5:00 pm, because the Department of Labor Fair Labor Standard's Act (FLSA) states that travel outside of work is not compensable when the employee is a passenger and free to relax.
  • Jack and Joe are flying to a conference.
    • On the plane, Joe (a non-exempt employee) works on his laptop preparing Jack's speech.
    • This time is compensable because Joe is not relaxing, but doing work.
  • After the conference, Jack goes out to a nightclub until 1:00 am.
    • Joe returns to his room after the conference and watches TV.
    • Neither man is entitled to pay for his after-conference activities because those activities did not involve work for USU.


 

Posted on 30 Jun 2009

HR Office

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