Do we have to pay for nonexempt’s travel time for one-day out-of-town trips?

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in Centerpiece,Compensation and Benefits,Employment Law,Human Resources

Q. One of our executives will be making day trips once a week to Boston from Philadelphia for a special assignment. Her secretary will accompany her. The secretary’s regular workday is 9 a.m. to 5 p.m. The trips will require the secretary to arrive at the airport by 7:30 a.m., and she’ll be back in Philadelphia by 8 p.m. Do we have to compensate the secretary (she is nonexempt) for her travel time to and from Boston?

A. Yes, the secretary accompanying the executive must be compensated for the time spent traveling for this special assignment.

If an employee who regularly works at a fixed location in one city is given a special one-day assignment in another city and returns home the same day, the time spent traveling to and returning from the other city is work time for which the employee must be properly compensated.

However, you may deduct the time that employee would normally spend commuting to the regular work site as well as the usual mealtime. (29 C.F.R. 785.37)

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