In this economy, we continue to see lay-offs and slow growth in hiring. As a result, more employees are being asked to take on additional responsibilities and assignments. These circumstances, coupled with the fact that some employers are properly re-classifying certain jobs as non-exempt, have led to an increase in work-related travel for non-exempt employees. For some employers, requiring non-exempt employees to travel is new territory. As a result, I thought it would be beneficial to provide some general guidance on hours worked for travel time purposes. The following general rules apply to non-exempt employees:
Articles Discussing Hours Worked Under The FLSA.
Our company provides remote access to e-mail for all employees, and some of our hourly employees carry iPhones and Blackberries with access to their work e-mail. Most non-exempt employees only work during regular business hours, but some will occasionally check and respond to e-mail after hours or on weekends. Do we need to pay employees for this time? If so, how do we track it?
The question of whether to pay employees for putting on protective gear has plagued employers for years. While the federal courts are divided over this issue, at least five Appellate Courts â€“ the Fourth, Sixth, Seventh, Eleventh and now the Tenth Circuits â€“ have held that personal protective equipment is included within the meaning of â€œclothesâ€ under Section 203(o) of the FLSA, and thus not compensable.