Q. I need to send a nonexempt employee to training for two days out of town. We’ll pay his mileage, hotel, meals and training costs. We plan to pay him for a normal eight-hour workday for both days (the class is eight hours per day). Do we have to pay for off-duty hours since the employee needs to stay at the training venue? — R.O., Texas
A. It depends on whether the employee is engaged in activities related to training or work during the off-duty hours. An employer is not required to count training as working time when:
- it is outside normal hours
- is voluntary
- is not job related
- no other work is concurrently performed.
In this case, the employee should be paid for off-duty hours in which he is engaged in activities related to the training or work. The employee should not be paid for off-duty hours if he is simply staying in the hotel room and not engaged in activities related to the training or work.
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Extremely small businesses may be exempt from FLSA
- He who has the best time records usually wins a wage-and-hour lawsuit
- Health care firm faces possible FLSA class action
- For OT, it's the truck's weight classification--not the load--that counts