Anadarko, OK asked in Employment Law for Oklahoma

Q: Under FLSA, how should a non-exempt employee be compensated for time spent traveling to and from out-of-state training?

A non-exempt employee is required to attend training in another state. The training will consist of 34 hours over 5 days (regular work days). If travel time exceeds 6 hours, will the employee receive compensation for that time? If so, should it be figured as straight time or overtime?

Per policy, if a non-exempt employee travels on a non-scheduled work day, he is eligible for up to 8 hours of compensation, although it is not specified whether this time will be overtime if the travel occurs in addition to the 40-hour work week. There is no policy addressing travel on regularly scheduled days.

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1 Lawyer Answer
Howard Berkson
Howard Berkson
Answered
  • Tulsa, OK
  • Licensed in Oklahoma

A: Ordinarily, a non-exempt employee must be paid while traveling out of their home city for a work related purpose if such travel occurs during their normally scheduled work time. There are exceptions: you might be entitled to pay during non-scheduled hours. You should discuss the situation with an attorney or raise the issue with the Department of Labor.

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