Travel Pay: Handling it Correctly
Webinar Details $219
- Webinar Date: November 29, 2023
- Webinar Time: 12:00pm - 1:40pm EST live
- Webinar Length: 100 Minutes
- Guest Speaker: Vicki Lambert
- Topic: Human Resources, Taxation and Accounting
- Credit: HRCI 1.5, SHRM 1.5, ATAPR 1.5, CPE 2.0, ATAHR 1.5, ATATX 1.5, RCH 1.5
This webinar discusses the rules and regulations that must be followed when paying an employee for travel pay. It includes what is travel pay, best practices for handling the payments, how it affects overtime calculations and what is required on the state level. It also discusses the requirements for taxing travel expenses under IRS rules.
How to compensate employees for the hours spent traveling on business is becoming one of the major concerns of the payroll department today. Many recent changes in federal and state wage and hour rules as well as economic pressures on employers and employees alike can create a situation that can practically invite noncompliance lawsuits—especially if the travel time results in overtime being owed to the employee.
But it isn’t just the DOL that is interested in travel pay. The IRS also has strict regulations on when employees can be paid for travel expenses without it being considered wages. Does the company use the per diem method to reimburse employees or the accountable plan method? Or do you even need to have a method when it comes to reimbursing employees for travel expenses?
Areas covered in this webinar:
•Travel pay requirements—What you must pay for and why
•Best practices for paying travel pay correctly
•Which employees have to be paid…and when
•Payroll Compliance and travel pay issues—keeping wage and hour claims at bay
•What to do when federal and state laws conflict and handling multiple state conflict issues
•How travel pay affects overtime calculations—travel pay differences for exempt and non-exempt employees
•Special circumstances that may require travel payment
•What are per diems
•When travel payments are taxable
•Accountable and nonaccountable plans
Who can Benefit:
•Payroll Executives/Managers/Administrators/Professionals/Practitioners/Entry Level Personnel
•Human Resources Executives/Managers/Administrators
•Business Owners/Executive Officers/Operations and Departmental Managers
•Any individual or entity that must deal with the complexities and requirements of Payroll compliance issues
- About Your Speaker 00:00:20
- Disclaimer 00:01:34
- Fair Labor Standards Act 00:02:20
- When Is Working Time? 00:05:04
- Hours Worked 00:08:41
- Key Takeaway 00:10:10
- Portal to Portal Act 00:10:39
- Integrity Staffing Sols, Inc v. Buck (S.Ct. 2014) 00:11:59
- Employee Commuting Flexibility Act 00:12:16
- Bennett v. McDermott Int’l, Inc. (5th Cir. 2021) 00:13:19
- Portal to Portal and Waiting in Line, Etc. 00:15:10
- Integrity Staffing Sols., Inc. v. Busk (S.Ct. 2014) 00:15:47
- Chagoya v. City of Chicago (7th Cir. 2021) 00:16:51
- Llora v. Sheriff, Collier County (11th Cir. 2018) 00:19:02
- Graham v. City of Chicago (N.D. Ill. 1993) 00:20:19
- Vaccaro v. Amazon.com.dedc., Inc. (D.N.J. 2021) (Applying New Jersey Law ) 00:21:34
- Motor Carrier Act Exemption Review 00:23:17
- Applies to Employees of Motor Carriers and Motor Private Carriers 00:24:24
- Applies to Safety Sensitive Roles 00:25:21
- Small Vehicle Exception 00:27:30
- Motor Carrier Exemption: Drivers 00:28:34
- Drivers: Other Unique Issues 00:29:15
- Drivers: Other Unique Issues Cont. 00:31:25
- Motor Carrier Exemption: Driver’s Helpers 00:32:14
- Driver’s Helpers: Unique Issues 00:33:05
- Motor Carrier Exemption: Loaders 00:33:40
- Loaders: Unique Issues 00:34:13
- Motor Carrier Exemption: Mechanics 00:35:50
- Mechanics: Unique Issues 00:39:16
- Rest or Meal Periods 00:37:08
- Rest and Meal Periods Hot Spots 00:40:19
- Ruffin v. MotorCity Casino (2018) 00:42:56
- Darden v. SW Ark. Develop., Inc. (W.D. Ark. 2017) 00:44:34
- Breastfeeding Breaks 00:46:31
- Sleeping Time 00:48:26
- Medical Examinations 00:49:45
- Training and Meeting Time 00:50:31
- Micewicz v. City of Memphis (6th Cir. 2014) 00:52:11
- Haszard v. Am. Med. Response Northwest, Inc. (D.Or. 2001) 00:53:23
- Maynor v. Dow Chem. Co. (S.D.Tex. 2009) 00:54:44
- On Call Time 00:56:10
- Wage and Hour Opinion Letter 2018-1 00:57:55
- Bright v. Houston Northwest Med. Ctr. Survivor, Inc. (5th Cir. 1991) 01:00:19
- Bright Cont. 01:01:19
- Overnight Travel 01:02:20
- The Regulation 01:03:38
- Deckler v. Constr. Specialties of Zeeland (W.D. Mich. 2012) 01:04:30
- Mendez v. Radec Corp. (W.D.N.Y. 2005) 01:05:32
- Telecommuting 01:06:30
- Telecommuting and Travel 01:08:45
- DOL’s Opinion 01:10:23
- Off the Clock Work 01:10:53
- Allen v. City of Chicago (7th Cir. 2017) 01:12:55
- Little v. Senterra LLC (S.D. Tex. 2018) 01:14:30
- Donning and Doffing Principles 01:15:43
- Donning and Doffing Principles Cont. 01:16:20
- Perez v. City of New York (2nd Cir. 2016) 01:17:26
- Collective Bargaining Agreements 01:18:48
- Sandifer v. U.S. Steel (S.Ct. 2014) 01:12:03
- Employee Expenses 01:20:52
- Expense Reimbursement 01:21:40
- Expense Reimbursement – Phone Usage 01:22:44
- Questions? 01:24:14
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.
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.
De Minimis: Too trivial or minor to merit consideration.
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".
Minimum Wage: The lowest wage paid or permitted to be paid specifically fixed by a legal authority or by contract as the least that may be paid either to employed persons generally or to a particular category of employed persons.
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.
Wage: A fixed regular payment, typically paid on a daily or weekly basis, made by an employer to an employee, especially to a manual or unskilled worker.