Travel Pay Explained
Travel time is one of those “soft” hidden preliminary and postliminary activities employers may not think of as being compensable. The truth, however, is that there are circumstances travel time is compensable. The key issues in many instances is whether an employee is engaged in travel as part of the employee’s principal activity and/or for the benefit and convenience of the employer. This webinar will give the legal framework and practical guidance from a FLSA perspective, on how to handle (i.e. compensate or not) different scenarios revolving around employee travel, whether it be by car or air.
- Home To Work Commute Issues
- Overnight Travel
- Use of Employer Vehicles
- Compensation Issues Related to Travel Time
- Other Working Time Issues (time permitting)
- Meetings/Training Time
- On-Call Time
- E-mail/Blackberry Cases
Why Does it Matter? 00:07:30
Who Is Hit the Hardest? 00:24:01
Pie Chart 00:28:45
Costs Continue to Rise 00:35:03
Betting the Company? 00:36:46
FLSA Litigation Statistics 00:44:36
What the Statistics Don’t Show 00:48:51
Causes of Increase 00:51:55
Class Action Waivers 00:54:49
The Basics 00:58:16
Hours Worked 01:00:06
Travel Time 01:04:33
Home to Work 01:04:35
Ordinary Travel From Home to Work 01:06:07
When Travel is “Hours Worked” 01:07:58
Overnight Travel 01:11:43
Who Is Driving? 01:17:48
Employer’s Vehicle 01:20:32
Whatis New in Travel Time Law? 01:21:35
Wage and Hour Opinion Letter - Cont’d 01:23:43
Additional Working Time Issues 01:26:52
On-Call Time 01:28:35
On-Call Time (cont.) 01:30:40
Meeting/Training Times 01:31:56
Email/Mobile Devices 01:33:06
Final Questions/Closing 01:35:50
- Collective Action 00:18:00
- Fair Labor Standards Act (FLSA) 00:01:38, 00:07:38
- Individual Liability 00:39:55
- Liquidated Damages 00:12:33
- National Labor Relations Board (NLRB) 00:57:12
- Overnight Travel 01:11:43
- Portal-to-Portal Act 01:04:45
- Rule 23 Class Action 00:17:44
- Title VII 00:40:06
Class Action: An order that certifies a class action must define the class and the class claims, issues, or defenses, and must appoint class counsel under Rule 23(g). (C) Altering or Amending the Order. An order that grants or denies class certification may be altered or amended before final judgment.
Collective Action: A collective action allows you and other employees to sue your employer together. To bring a collective action together, the employees in the case must be "similarly situated." This means they must be subject to a common policy, plan, or design of their employer’s, even if they work in different company departments or locations.
Fair Labor Standards Act (FLSA): The Fair Labor Standards Act of 1938 29 U.S.C. § 203 is a United States labor law that creates the right to a minimum wage, and "time-and-a-half" overtime pay when people work over forty hours a week. It also prohibits most employment of minors in "oppressive child labor".
Individual Liability: An individual officer or supervisor may be held personally liable for unpaid wages under the FLSA when he or she exercises control over significant aspects of the company's day-to-day functions, including compensation of employees, the court first noted.
Liquidated Damages: Liquidated damages are damages whose amount the parties designate during the formation of a contract for the injured party to collect as compensation upon a specific breach. When damages are not predetermined/assessed in advance, then the amount recoverable is said to be 'at large'.
National Labor Relations Board (NLRB): The National Labor Relations Board is an independent agency of the federal government of the United States with responsibilities for enforcing U.S. labor law in relation to collective bargaining and unfair labor practices
Overnight Travel : When travel requires an overnight stay, any time traveling as a passenger that falls within the employee's normal work hours is compensable, regardless of what day of the week the travel takes place.
Portal-to-Portal Act: An amendment to the Fair Labor Standards Act (FLSA) clarifying that certain activities are generally not compensable working time under the FLSA. The Portal-to-Portal Act provides that employers are not required to pay for the time employees spend on activities or traveling occurring before or after they perform the principal activities for which they are employed.
Title VII: Title VII of the Civil Rights Act of 1964 prohibits discrimination and harassment of employees in the workplace. If the law requires an employer to pay an employee under the FLSA, then the employee will be protected under Title VII as well.
Matt Simpson is a partner in the firm’s Atlanta office, where he is a member of the firm’s Automotive Dealership and Education Practice Groups. Matt represents management in all areas of labor and employment law in state and federal courts as well as before state and federal agencies, including the Equal Employment Opportunity Commission and the United States Department of Labor.Matt’s litigation practice is focused on the defense of class and collective actions. He has handled numer... View Full Profile
Marty Heller is Of Counsel with the firm’s Atlanta office. Marty represents public and private employers on a national, regional, and local basis in all aspects of employment litigation, including wage and hour claims, employment discrimination claims, family and medical leave claims, and employment based contractual disputes. Marty also devotes much of his practice to providing general counseling and employment advice to employers on their day-to-day employment issues, and on the implementation... View Full Profile
This program has been approved for credit hours through the HR Certification Institute. For more information about certification or recertification, please visit the HR Certification Institute website at www.hrci.org.
Aurora Training Advantage is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM. For more information about certification or recertification, please visit www.shrmcertification.org.