On Demand Webinar

Travel Pay Explained

Webinar Details $219

  • Rated:
  • Webinar Length: 90 Minutes
  • Guest Speaker:   Susan Desmond
  • Topic:   Human Resources, Taxation and Accounting
  • Credit:   ATAHR 1.5, HRCI 1.5, SHRM 1.5, CPE 1.0
All Access Membership

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.

Agenda:

  • 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
  1. Introduction
  2. About Your Speaker 00:00:19
  3. Disclaimer 00:02:19
  4. Fair Labor Standards Act 00:03:46
  5. When Is Working Time? 00:07:09
  6. Hours Worked 00:09:50
  7. Key Takeaway 00:11:31
  8. Portal to Portal Act 00:12:45
  9. Integrity Staffing Sols, Inc v. Buck (S.Ct. 2014) 00:14:25
  10. Employee Commuting Flexibility Act 00:15:07
  11. Bennett v. McDermott Int’l, Inc. (5th Cir. 2021) 00:16:21
  12. Portal to Portal and Waiting in Line, Etc. 00:18:32
  13. Integrity Staffing Sols., Inc. v. Busk (S.Ct. 2014) 00:19:11
  14. Chagoya v. City of Chicago (7th Cir. 2021) 00:20:45
  15. Llora v. Sheriff, Collier County (11th Cir. 2018) 00:21:58
  16. Graham v. City of Chicago (N.D. Ill. 1993) 00:22:40
  17. Vaccaro v. Amazon.com.dedc., Inc. (D.N.J. 2021) (applying New Jersey law ) 00:24:05
  18. Motor Carrier Act Exemption Review 00:25:50
  19. Applies to Employees of Motor Carriers and Motor Private Carriers 00:27:12
  20. Applies to Safety Sensitive Roles 00:28:08
  21. Small Vehicle Exception 00:29:42
  22. Motor Carrier Exemption:  Drivers 00:30:49
  23. Drivers: Other Unique Issues 00:31:33
  24. Drivers: Other Unique Issues  Cont. 00:33:07
  25. Motor Carrier Exemption:  Driver’s Helpers 00:34:00
  26. Driver’s Helpers:  Unique Issues 00:34:37
  27. Motor Carrier Exemption:  Loaders 00:35:07
  28. Loaders:  Unique Issues 00:35:39
  29. Motor Carrier Exemption:  Mechanics 00:36:28
  30. Mechanics:  Unique Issues 00:36:52
  31. Rest or Meal Periods 00:37:32
  32. Rest and Meal Periods Hot Spots 00:40:46
  33. Ruffin v. MotorCity Casino (2018) 00:44:46
  34. Darden v. SW Ark. Develop., Inc. (W.D. Ark. 2017) 00:47:52
  35. Breastfeeding Breaks 00:48:48
  36. Sleeping Time 00:50:23
  37. Medical Examinations 00:51:30
  38. Training and Meeting Time 00:52:36
  39. Micewicz v. City of Memphis (6th Cir. 2014) 00:55:00
  40. Haszard v. Am. Med. Response Northwest, Inc. (D.Or. 2001) 00:55:56
  41. Maynor v. Dow Chem. Co. (S.D.Tex. 2009) 00:57:12
  42. On Call Time 00:58:11
  43. Wage and Hour Opinion Letter 2018-1 01:00:02
  44. Bright v. Houston Northwest Med. Ctr. Survivor, Inc. (5th Cir. 1991) 01:02:16
  45. Bright Cont. 01:03:46
  46. Overnight Travel 01:04:37
  47. The Regulation 01:07:11
  48. Deckler v. Constr. Specialties of Zeeland (W.D. Mich. 2012) 01:08:04
  49. Mendez v. Radec Corp. (W.D.N.Y. 2005) 01:09:21
  50. Telecommuting and Travel 01:09:59
  51. DOL’s Opinion 01:13:08
  52. Off the Clock Work 01:13:36
  53. Allen v. City of Chicago (7th Cir. 2017) 01:13:59
  54. Little v. Senterra LLC (S.D. Tex. 2018) 01:14:50
  55. Donning and Doffing Principles 01:15:23
  56. Donning and Doffing Principles Cont. 01:15:46
  57. Perez v. City of New York (2nd Cir. 2016) 01:16:24
  58. Collective Bargaining Agreements 01:17:06
  59. Sandifer v. U.S. Steel (S.Ct. 2014) 01:18:00
  60. Employee Expenses 01:18:33
  61. Expense Reimbursement 01:19:11
  62. Expense Reimbursement – Phone Usage 01:19:49
  63. Questions? 01:20:49
  64. Presentation Closing 01:30:14

  • Affordable Care Act 00:48:55
  • Department of Labor (DOL) 00:29:17, 01:13:08
  • Employee Commuting Flexibility Act (ECFA) 00:15:55
  • Expense Reimbursement 01:19:11
  • Fair Labor Standards Act (FLSA) 00:02:22, 00:03:46, 00:06:07, 00:13:04. 00:14:35, 00:38:10, 00:58:19
  • Motor Carrier Act Exemption 00:25:51, 00:27:57
  • Overtime 00:04:55, 00:26:08
  • Portal-to-Portal Act 00:13:00, 00:15:55, 00:18:37, 01:04:44

Affordable Care Act: The Affordable Care Act, formally known as the Patient Protection and Affordable Care Act, and colloquially known as Obamacare, is a United States federal statute enacted by the 111th United States Congress and signed into law by President Barack Obama on March 23, 2010.

Department of Labor (DOL): The United States Department of Labor is a cabinet-level department of the U.S. federal government responsible for occupational safety, wage and hour standards, unemployment insurance benefits, reemployment services, and some economic statistics; many U.S. states also have such departments.

Employee Commuting Flexibility Act (ECFA): The “Employee Commuting Flexibility Act” (Section 2102, Public Law 104-188) amended the Portal-to-Portal Act to allow employers and employees to agree to the use of employer-provided vehicles forcommuting to and from work, at the beginning and end of the workday, without the commuting time beingcounted as hours worked. In order for this commuting time not to be considered hours worked, the use ofthe employer’s vehicle must be within the normal commuting area for the employer’s business orestablishment and the use of the vehicle must be subject to an agreement between the employer and theemployee or employee’s representative.

Expense Reimbursement: Expense reimbursement is a method for paying employees back when they spend their own money on business-related expenses. These expenses generally occur when an employee is traveling for business but can occur in other work-related situations. (www.thebalancecareers.com)

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".

Motor Carrier Act Exemption: Employees whose job duties affect the safety of the operation of vehicles in the transportation of passengers or property in interstate commerce may be exempt from FLSA overtime laws under the Motor Carrier Act.

Overtime: Overtime is time and a half of what an employee earns for every hour worked over 40 in a workweek. The FLSA salary threshold is the minimum salary employers must pay employees for them to be exempt from overtime wages.

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.


Guest Speaker

  • Susan Desmond

ATAHR Credit

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HRCI Credit

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SHRM Credit

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CPE Credit

Continuing Professional Education

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