flsa travel time exempt employees

With topics ranging from contract drafting and negotiation to local and regional land use project updates, the attorneys at Bean, Kinney & Korman provide timely insight and commentary on the issues affecting owners, builders, developers, contractors, subcontractors and other players in the industry. 5541 (2), who work full-time, part-time, or intermittent tours of duty are eligible for title 5 overtime pay. The drive from the doctors office to the employers office was 15 minutes. You must keep in mind that the decisions are taken out of context. Submit the request to Classification and Pay Claims Program Manager, Merit System Audit and Compliance, Office of Personnel Management, 1900 E Street, NW., Room 6484, Washington, DC 20415. Examples include vehicles driven by employees who perform service work at a customers home or business establishment. FLSA-nonexempt employees earn compensatory time off in lieu of overtime pay under section 7 of the FLSA (29 U.S.C. 5541(2). A. FLSA Exempt Employee . 5542(a)(2), for employees with rates of basic pay greater than the basic pay for GS-10, step 1, the overtime hourly rate is the greater of-. White moderated a panel for the ABA Section of Labor and Employment Law National Symposium, Lindsey A. If you are NOT required to file your FLSA claim using a negotiated grievance procedure, you may file your claim to either the agency employing you during the claim period or to the U.S. Office of Personnel Management (OPM), but not both at the same time. 1 hour of compensatory time off is granted for each hour of overtime work. 207) and 5 CFR 551.501, and are subject to OPM's compensatory time off regulations at 5 CFR 551.531. Their annual salary is often a negotiable figure that is agreed upon before the job is accepted and doesn't fluctuate even if the employee works fewer than 40 hours in a week. 207) and 5 CFR 551.501, and are . Specific questions about your individual pay or leave entitlement, including FLSA overtime pay matters, should be addressed to your agency's human resources office. General inquiriesabout how the child labor provisions or exemption criteria of the Fair Labor Standards Act apply to current and former employees of the Federal Government and about how to file a claim under the Fair Labor Standards Act may be sent to federal_FLSA@opm.gov. In a prior post, I discussed the five white-collar exemptions to the Fair Labor Standards Acts (FLSA) minimum wage and overtime pay requirements. 6123(a)(1). When is Travel Compensable Time in a travel status away from the official duty station is compensable for EXEMPT and NONEXEMPT employees when the travel is performed within the regularly scheduled administrative workweek, including regularly scheduled overtime. You can disable third-party cookies in your browser settings. Let's dig into that. If you are interested in having us cover a specific topic, please let us know. The FLSA claim decisions posted on these pages do not substitute for application of our FLSA regulations and are not "case law." Alternatively, an agency may choose to maintain that employee's compensatory time off after a change in FLSA exemption status, subject to the regulations under which the compensatory time off was earned. Phone: 410-752-1040 The general rule is that exempt employees are entitled to receive their entire salaries for any workweek in which they perform work. Example 2: An employee transfers to another component within the same agency. These workers often gain the skills and knowledge to perform their jobs through on-the-job training and apprenticeships. Required cookies are those that are used solely for the purpose of transmitting a communication and those that are absolutely necessary for a website to provide the service that a user is requesting. In the case of the U.S., under the Fair Labor Standards Act (FLSA) this includes executive, administrative, professional, computer, and outside sales employees. In this instance, the travel time to and from the special assignment location is work time. Work performed while traveling as a passenger, such as checking emails, phone mail or calls, etc., is also hours worked. The travel time is compensable. An agency may not require an employee to forfeit compensatory time off earned under 5 CFR 551.531 in lieu of FLSA overtime pay under any circumstances. Personalization cookies are those that enable a user to access a website and receive services that are catered to that user's pre-defined characteristics, such as language, browser type used to access the service, regional configuration from where the service is accessed, etc. organization in the United States. FLSA exempt employees, as defined in 5 U.S.C. Under the amended 5 U.S.C. III. Fast track case onboarding and practice with confidence. Calculating employee travel time can pose significant challenges for many employers, especially for those with variable telework schedules. travel time, travel compensation, Iowa Wage & Hour Watch, FLSA, Iowa Employer Law Blog. Email: shawe@shawe.com Under the Portal-to-Portal Act, which is an amendment to the FLSA, a non-exempt employee's time spent traveling to and from their workplace - whether a fixed location or different job sites - is not compensable if it occurs "before the employee starts or after the employee stops his principal activity or activities." Effective/Applicability Date. In this post I will attempt to make sense of these regulations that cause heartburn for so many employers. page or go to the Wage and Hour Division of the Employment Standards Administration in the United States Department of Labor. Each non-exempt employee is responsible for ensuring that all time worked and leave taken are accurately reflected on their timecard; and the It allows employees to vary their arrival and/or departure times. Fellowship in the Foundation is by invitation only, Marylands General Assembly session just ended, with the passage of significant new employment legislation, including the expedited increase to a $15 minimum wage rate, modifications to the new Paid Family, We are pleased to announce that the 2023 edition of The Legal 500:Employment & Labour LawCountry Comparative Guide, for which we authored the U.S. chapter, is now available. When determining whether an employee is exempt or non-exempt from receiving overtime, employers in Illinois need to review their employee's classification against both the federal Fair Labor Standards Act (FLSA) and Illinois Minimum Wage Law. The federal Fair Labor Standards Act (FLSA), which applies to nearly all private-sector employers in the United States, establishes an important distinction between (1) non-exempt (a.k.a. The employer asked the DOL: Was the time spent driving from office to the school and from the school to home compensable travel time under the FLSA, assuming the employee performed no work during her commutes? Under what circumstances do OPM regulations require an agency to either provide payment for, or require forfeiture of, an employee's unused compensatory time off? If you've never heard of the FLSA, it's the legislation that governs when an employer is required to pay an employee overtime, among other things. These limitations do not apply to wage employees or to FLSA overtime pay. Analyze data to detect, prevent, and mitigate fraud. Secure .gov websites use HTTPS Due to the nature of many non-exempt job positions, hourly pay often makes more sense than a fixed annual salary. For example, the decision number F-0802-11-02 indicates that it is an FLSA claim decision for a position in the 0802 Engineering Technician occupational series at the grade 11 level and is the second decision for a claimant who was a GS-802-11 Engineering Technician. A locked padlock . FLSA exempt employees are often, but not always, workers whose jobs are sometimes referred to as white collar," which usually boils down to the fact that they mostly work in an office setting. Full-time exempt employees report leave usage according to the guidelines in relevant policy. Some information, such as the claimant's name and organizational information that might identify the claimant, in these FLSA claim decisions has been withheld under exemption 6 of the Freedom of Information Act (section 552(b)(6) of title 5, United States Code). For FLSA-exempt employees, the crediting of travel time as hours of work is governed under title 5 rules-in particular, 5 U.S.C. Which regulations apply to an employee's unused compensatory time off upon a change in his or her FLSA exemption status? The travel time regulations can be easy to misinterpret, and expensive to correct. Conversely, the agency may allow the employee to maintain his or her compensatory time off balance in the new position, subject to the regulations under which it was earned. Travel for work that keeps a non-exempt employee away from home overnight is compensable when it falls within the employees regular workday. Under the Fair Labor Standards Act (FLSA) a non-exempt employee must be paid for all hours the employee is "suffered or permitted to work." This document addresses under what circumstances time spent traveling is considered compensable (i.e., the time is counted as hours worked). The work sites are within the normal commuting area of the employers establishment. Your use of the Dickinson Law blog postings does NOT create an attorney-client relationship between you and Dickinson, Mackaman, Tyler & Hagen, P.C. by Each agency applies the appropriate pay and leave policies for its own employees, including setting internal policies and procedures as needed. If we need additional information, we will call, write, or visit the work site. The first step to determining whether an employee may be eligible for overtime under the FLSA is to figure out if they are either "exempt" or "non-exempt." If you want to file an FLSA complaint or claim after talking with your supervisor and your human resources office, remember that an FLSA claim or complaint must be filed in writing. The opinions expressed in the various blog posting are those of the individual author, they may not reflect the opinions of the firm. May an agency provide payment for compensatory time off under circumstances in addition to those identified in OPM regulations? Access a comprehensive collection of employment-related legal resources, including how-to guides and checklists created by our expert attorney-editors, Payroll, compensation, pension & benefits, Fraud prevention, detection & investigations, Document retrieval & due diligence services, Do not sell or share my personal information and limit the use of my sensitive personal information, Professional workers (that is, learned/knowledge-based positions). 5547). IA 50309, 713 East First Street, Suite 2 Devoted two hours to personal activities once at home and then resumed working? A locked padlock By taking no position, WHD is stating that it does not require that travel time in this situation must be paid. secure websites. Talk with your human resources office. Therefore, exempt workers do not receive overtime pay and their weekly pay stays the same even if they work fewer than 40 hours in a week. Travel time is usually compensable when it occurs during an employee's normal working hours. worked at home from 5:00 a.m. to 6:00 a.m.. was free to perform personal activities between 6:00 a.m. and 8:00 a.m., finished her appointment at 9:15 a.m., and. An employee who regularly works at a fixed location who travels to another location for a special assignment is not engaged in home-to-work travel under the FLSA. For example, the decision number F-0802-11-02 indicates that it is an FLSA claim decision for a position in the 0802 Engineering Technician occupational series at the grade 11 level and is the second decision for a claimant who was a GS-802-11 Engineering Technician. Certain employers allow employees to drive a company-owned vehicle between home and work. If necessary, we will interview others who may have information pertinent to resolving the issues of your claim. IA 50219, We are a proud member of In contrast, some workers with FLSA non-exempt status work in occupations many consider to be blue collar," which tends to refer to trade and labor-oriented work. 6123(a)(1). 5541(2)) receive compensatory time off in lieu of overtime pay for irregular or occasional overtime work, but only for an FLSA exempt employee whose rate of basic pay is above the rate for GS-10, step 10. An agency may require an employee to forfeit legitimately earned compensatory time off only under the circumstances identified in OPM regulations. Secure .gov websites use HTTPS Therefore, employees in SL and ST positions are covered by the premium pay provisions in subchapter V of chapter 55 of title 5, United States Code (e.g., overtime pay provisions in 5 U.S.C. Pursuant to Public Act 094-0672 . Share sensitive information only on official, May an agency require an employee to forfeit unused compensatory time off under circumstances in addition to those identified in OPM regulations? Travel time pay rates differ between countries and within the different states in the U.S. In addition, in both scenarios, travel time between the employees home, the personal appointment, and the employers office was not compensable travel time between worksites under the continuous workday doctrine, according to the DOL. The CA will dial the requested number and relay the conversation between a standard (voice) telephone user and text telephone (TTY) user. If accrued compensatory time off is not used by an FLSA-nonexempt employee within 26 pay periods or if the FLSA-nonexempt employee transfers to another agency or separates from Federal service before the expiration of the 26 pay period time limit, the employee must be paid for the earned compensatory time off at the overtime rate in effect when earned. 11.23.2020 | Updates The U.S. Department of Labor (DOL) published an opinion letter, FLSA 2020-16, considering whether the travel time of foremen and laborers is compensable in three different scenarios. For wage employees, see 5 U.S.C. As noted elsewhere in this E-Update, the Department of Labors Wage and Hour Division issued several opinion letters under the Fair Labor Standards Act (FLSA) this month, including this one on travel time for non-exempt employees. https://shawe.com/wp-content/uploads/2017/08/logo.png, Employers Have Discretion to Determine Essential Job Functions and What Accommodations are Reasonable, Is Time Attending Voluntary Training Programs Compensable? Identify patterns of potentially fraudulent behavior with actionable analytics and protect resources and program integrity. If you think your FLSA exemption status or FLSA overtime pay is not correct or if you are concerned about the application of the child labor provisions of the FLSA, please review published FLSA regulations;then speak with your supervisor. An FLSA-exempt employee must use accrued compensatory time off by the end of the 26th pay period after the pay period during which it was earned. For example, "all decisions for GS-0318 positions at grades 6 and 7 in the Department of Agriculture from 1995 to the present.". Diversity, Equity, Inclusion, and Accessibility, Classifying Federal Wage System Positions, Frequently Asked Questions for Hybrid Work Environment, Federal Workforce Priorities Report (FWPR), Federal Labor-Management Information System, Recruitment, Relocation & Retention Incentives. The new overtime pay cap became effective on November 24, 2003. The employer permitted her to attend the conference and then work from home rather than returning to the office. Official websites use .gov Specific job duties defined by FLSA guidelines help make the determination about aposition's exemption status. Consolidate multiple country-specific spreadsheets into a single, customizable solution and improve tax filing and return accuracy. 203(g), but does not explicitly define what constitutes "work." Our claim decision is based on information supplied by you and your agency. When permitted under agency flexible work schedule programs, time off with pay in lieu of overtime pay for regularly scheduled or irregular or occasional overtime work. Immediately resumed work when she got home? Of course, there are also office workers who are non-exempt, but there are few, if any, labor-intensive positions that carry exempt status. Specific questions about your pay or leave entitlement, including FLSA matters, should be addressed to your agency's servicing human resources office. . For FLSA exempt (not covered) employees, as provided in 5 CFR Section 550.112(g), time in travel status more than 50 miles from the ODS using the most common route is considered hours of work if the travel: Employees. For more information about our use of cookies and to opt-out of cookies at any time, please refer to our website Privacy Policy. Because of the detailed information required and the investigative work we must do in FLSA cases, we cannot respond to specific questions about your individual FLSA situation. Over the years since it was passed, there have been numerous revisions and amendments as the workforce has changed. Of those, there were only a handful where the issue of travel time compensation for employees was not raised, even when the topic wasnt on the agenda. In the United States, the Fair Labor Standards Act (FLSA) applies to the majority of employers and employees. We care about data privacy, which we consider to be a fundamental human right. This is true if the employee works at a fixed site, or at different worksites on different days. Lock 5544 and 5 CFR 532.503. B. An employee who drives a vehicle is working, except during bona fide meal periods or when permitted to sleep in adequate facilities furnished by the employer. secure websites. 5543. Exceptions to the general rule relate to the following circumstances: (1) the 3-year grandfathering period for any compensatory time off to an employee's credit as of May 14, 2007, which must be used by the end of the pay period ending 3 years after May 14, 2007; (2) transfer to another agency; (3) separation from Federal service; and (4) separation or placement in a leave without pay status in connection with service in the uniformed services or entitlement to workers' compensation based on an on-the-job injury. secure websites. OPM decision number identifies decisions. If you are interested in having us cover a specific topic, please let us know. In this case, travel from home to the meeting location is home-to-work travel and not compensable. 5541(2). A lock ( If you have general questions about a particular FLSA issue, please contact OPM at 202-606-7948. In contrast, FLSA exempt workers are often on a fixed annual salary, but they can receive bonuses or other financial incentives. Prevent, detect, and investigate crime. Software that keeps supply chain data in one central location. The root of the confusion that the DOL has repeatedly tried to clarify is easy to identify: The FLSA requires employers to pay employees for their work but does not clearly or adequately explain under what circumstances an employee is actually considered to be at work.. These hourly overtime pay limitations do not apply to prevailing rate (wage) employees or to FLSA overtime pay. Additional situations in which an agency may choose to provide for payment of compensatory time off include, but are not limited to, the following: Example 1: A Federal employee moves to a position with a different FLSA exemption status (i.e., from an FLSA-nonexempt position to an FLSA-exempt position or vice versa). Of course there is always an exception to the rules. Fax: 410-752-8861 Share sensitive information only on official, The FLSA Claim Decisions Table lists decisions in order by the occupational series code of the claimaint, or you may use our search engine to find decisions that may be of interest to you. For enforcement purposes, WHD has defined normal commuting distance as within a one-hour drive of the employees home. An OPM decision number identifies decisions. Because of the detailed information required and the fact finding and analysis work we must do in an FLSA claim case, we cannot respond to specific questions about your individual situation. Both 5 CFR 550.114 and 5 CFR 551.531 are derived from the statutory authority governing compensatory time off in 5 U.S.C. Agencies are required to provide payment for accrued compensatory time off under the conditions set forth in 5 CFR 550.114 and 5 CFR 551.531. The Office of Personnel Management does not keep personnel records of employees in other agencies. . must be paid for the travel time involved? 5545b. If the employee is required to report to a meeting place where he or she is to pick up materials, equipment, or other employees, or to receive instructions before traveling to the work site, time is compensable once the employee reaches the meeting place. B. Section 1121 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136) amended the overtime pay cap provisions that apply to employees covered by 5 U.S.C. Rate per mile. The WHD addressed travel time questions in the context of a construction employer, but the principles may be generally applicable to other employers: Fiona Ong was re-appointed General Counsel of the Maryland Chamber of Commerce and will serve on the Executive Committee. The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, recordkeeping, and child labor standards affecting full-time and part-time workers in the private sector and in Federal, State, and local governments. organization in the United States. Other employers may then look to these opinion letters for guidance. Diversity, Equity, Inclusion, and Accessibility, Classifying Federal Wage System Positions, Frequently Asked Questions for Hybrid Work Environment, Federal Workforce Priorities Report (FWPR), Federal Labor-Management Information System, Recruitment, Relocation & Retention Incentives, Limitation on Federal Employees Who May File an Administrative FLSA Claim, OPM's FLSA Regulations (Part 551 of Title 5), The Fair Labor Standards Act Law (Sections 201-219 of Title 29), an FLSA claim or complaint must be filed in writing, information that you should include in your FLSA claim, OPM lacks subject matter and claims jurisdiction, Lack of standing (employment); OPM lacks claims jurisdiction; failure to file a valid claim, Reopening and reconsideration denied; failure to establish claimant was an employee for purposes of the FLSA, Compressed work schedule; no overtime worked; no money due, Isolated worksite does not create a standby entitlement; claimant has not established suffer and permitted work was performed; travel time within a duty station is not compensable under case circumstances; no overtime pay is due, Emergency situation never declared: Claim denied. In order not to be tracked by social media widgets, you can log out of all social networks you are logged in prior to visiting our website. It is general in nature and may not reflect all recent legal developments. COMMUTE TIME Generally, an employee is not at work until he or she reaches the work site. The term "department" is defined under 5 CFR 550.103 to mean an executive agency and a military department. Many hours worked complaints involved travel time. Overnight travel is considered travel away from home, and is compensable when the travel time occurs during the employees normal working hours, even on non-work days but not travel time that occurs outside the employees normal working hours. at 03:28 PM A .gov website belongs to an official government * Hearing impaired users may utilize the Federal Relay Serviceby dialing 1-800-877-8339** to reach a Communications Assistant (CA). The FLSA defines "employ" as including "to suffer or permit to work," 29 U.S.C. Their workday has ended at the jobsite. You should consult with qualified legal counsel before acting on any content found on this website. The Act requires that employees must receive at least the minimum wage and may not be employed for more than 40 hours in a week without receiving at least one and one-half times their regular rates of pay for the overtime hours. Each decision relates to a specific position and may not provide an appropriate basis for extrapolation to other positions. 699 Walnut Street, Suite 1600 5545(c)(1); Administratively uncontrollable overtime pay under 5 U.S.C. 5542 and 5 CFR 550.113, and are subject to OPM's compensatory time off regulations at 5 CFR 550.114. the .gov website. If you would like to stay up to date regarding changes to the FLSA and other related employment law and regulations, you shouldtry Practical Law for free today. In July 2018, the DOL dealt with payment of travel time scenarios in the context of a group of construction company employees who repaired, inspected, and tested construction cranes, working at different job sites, sometimes within the employees usual commuting distance and other times at remote or out-of-town work sites. In the first partial-day telework scenario above, the DOL concluded that the employees travel time is not compensable because she [was] either off duty or engaged in normal commuting. From 1:00 p.m., when the employee left the office, and when she resumed work at 2:45 at the earliest, she was off-duty. The time was the employees to do as she pleased, and she was able to freely choose the hour at which she resumed working. Agencies must provide payment for, or require forfeiture of, compensatory time off under the conditions set forth in 5 CFR 550.114(d)-(f) and 5 CFR 551.531(d)-(f), as applicable. During my WHD career, I observed that the second most common complaint received by the agency involved non-exempt employees who alleged they were not paid for all hours worked. I give all my assets to my children, per stirpes -- What? Example of Travel during the Work Day: A non-exempt employee works on the Belknap Campus as well as on the ShelbyHurst Campus; the employee frequently travels between the locations, sometimes multiple times a day. $1.74. arrived (and begins working) at her office at 9:30 a.m. performed no work either during the commute or after she arrived home. To start the day, the employee: worked at home from 5:00 a.m. to 6:00 a.m., was free to perform personal activities between 6:00 a.m. and 8:00 a.m., left for her appointment at 8:00 a.m., finished her appointment at 9:15 a.m., and arrived (and begins working) at her office at 9:30 a.m. At the end of the day, the employee: left her office; An official website of the United States government. FLSA exempt employees, as defined in 5 U.S.C. The compensation the employee receives depends on the kind of travel and whether the travel time takes place within regular work hours.
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