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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?
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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.
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Other Questions In This Topic
- Who can be compensated for overtime?
- If my shift doesn't begin until 7:00 am, and my boss wants me to come in at 6:00 am and work until the regular quitting time, do I have to come in early?
- It is difficult to get to work on time when I have to take my kids to school. Can I work a flexible schedule?
- Can I decide whether to get the compensatory time off or get paid for overtime?
- I had to work on Thanksgiving. Don't I get overtime for that day?
- How long is a "break" period?
- Can I eat my lunch at my desk?
- Why do I have to sign my time card every two weeks?
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