Non-Exempt (Hourly Paid) Employees
Generally, employees in positions classified as non-exempt or (hourly paid) under the Fair Labor Standards Act are eligible for compensation, in certain cases, for the time they spend traveling. The compensation an employee receives depends on several variables including, but not limited to, the method of travel, whether the travel time takes place within normal work hours, and whether the travel involves an overnight stay. The purpose of this policy is to explain what time is considered hours worked and is therefore compensable time.
From Home to Work or Work to Home
Normal travel from home to work at the start of the workday and from work to home at the end of the workday is not considered hours worked.
Travel Locally
Time spent by the employee in travel as part of their normal work activities, such as travel to and from the Anderson Center or to another location within the metro area, is considered hours worked.
Single Day Travel to Another City
Single day travel to another city (i.e. no overnight stay) is generally considered hours worked. See the charts below for specifics.
...
Type of Travel: Air
When: Any day of the week
...
ACTIVITY
ADDITIONAL DETAILS
...
HOURS WORKED
(YES OR NO)
...
Travel time once at destination
(from airport to destination and between destinations as needed throughout day)
...
Outside of normal work hours
Yes
...
Travel time once at destination
(from airport to destination and between destinations as needed throughout day)
...
Within normal work hours
Yes
Type of travel: Automobile, whether as a driver or passenger | ||
|---|---|---|
| ACTIVITY | ADDITIONAL DETAILS | HOURS WORKED (YES OR NO) |
| Travel time to and from destination | Outside of normal work hours | Yes |
| Travel time to and from destination | Within normal work hours | Yes |
| Meal times | At anytime | No |
| Travel time once at destination | Outside of normal work hours | Yes |
| Travel time once at destination | Within normal work hours | Yes |
Overnight Travel
Travel involving an overnight stay is considered hours worked depending on when the travel occurs and whether or not the employee is a passenger. See the charts below for specifics.
...
Type of travel: Air
When: Any day of the week
...
ACTIVITY
ADDITIONAL DETAILS
...
HOURS WORKED
(YES OR NO)
...
Type of travel: Automobile
When: Any day of the week
...
ACTIVITY
ADDITIONAL DETAILS
...
HOURS WORKED
(YES OR NO)
...
Time Zone Changes
When an employee travels between two or more time zones, the time zone associated with the point of departure should be used to determine whether the travel falls outside of normal work hours.
If the time zone changes during the travel day, the hours should be calculated on the “actual” hours when calculating hours worked on travel days.
EXAMPLES:
Departure flight: Employee left for the airport on a non-workday, but within work hours, at 9 a.m. CST. They arrived at the hotel in California at noon Pacific Standard Time (PST) (which is 2 p.m. CST). Actual hours of travel are 5 hours (9 a.m. to 2 p.m. CST).
Return flight: Employee left on a non-workday, but within work hours, for the airport at 10 a.m. PST (which is 8 a.m. CST) and returned to Minnesota at 1 p.m. CST (11 a.m. PST). Actual hours of travel are 5 hours (8 a.m. CST to 1 p.m. CST).
Recording Travel Time
All restricted from traveling on behalf of Bethel due to the complexity of wage payment and overtime compensation. However, if an hourly paid worker does on rare occasion travel for the University, they will be compensated in accordance with the Fair Labor Standards Act (FLSA).
All travel time for hourly paid employees must be approved and vetted in advance of travel by the Office of People and Culture. Regular travel by hourly paid employees is prohibited and can only be approved under specific circumstances by OPC.
All time must be tracked, accurately recorded and categorized at the time travel occurs. Time spent traveling/working is submitted to OPC for validation and ultimately to payroll for appropriate payment. Managers who engage hourly paid workers for travel are fully responsible for gaining the proper permission to allow travel, for tracking and management of travel, and for timely and appropriate payment of travel time. Employees may not be paid a stipend for travel, are not volunteers and can not “work” as an unpaid volunteer, and must be paid on an hourly basis according to the Fair Labor Standards Act.
The compensation an employee receives depends on several variables including, but not limited to, the method of travel, whether the travel time takes place within normal work hours, and whether the travel involves an overnight stay. The purpose of this information is to explain what time is considered hours worked under the Fair Labor Standards Act and is therefore compensable time.
Recording Travel Time
All hours worked, including those for travel, must be accurately recorded on timesheets. Each employee must sign (self-service login acts as an electronic signature for online timesheets) their timesheet to verify that the reported hours worked are complete and accurate (and that there is no unrecorded or “off - the-clock” work). Timesheets must accurately reflect all regular and overtime hours worked, any absences, early or late arrivals, early or late departures and meal breaks.
At the end of each pay cycle, timesheets should be submitted for verification and approval by the supervisor. When employees receive their paychecks, they should be verified immediately that they were paid correctly for all regular and overtime hours worked each workweek.