Making sure hourly employees are properly paid has become more difficult as technology has made working from home and during a commute much more feasible.
Knowing the ins and outs of the Fair Labor Standards Act will help employers track time and attendance and know when they have to pay their hourly workers. Law firm Venable has some advice on employee compensation involving specific travel issues.
Commuting to and from work does not need to be compensated. However, unusual travel like attending a conference or unique event usually requires payment for the time spent traveling, except when the following standards are met: The travel takes place outside of regular work hours, no work is performed during the trip and the employee is a passenger in a vehicle.
For employees traveling during regular work hours, a different standard applies. Workers making a trip to a non-standard destination during the period in which they usually work, even as a passenger and if they don't do any work during the trip, must be paid. Employers are allowed to deduct the amount of time the employee usually spends commuting to their regular workplace, according to the FLSA.
Web-based time and attendance software is a boon for companies with employees who travel to events and conferences, allowing their workers to clock in as needed when on the road.
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The plaintiffs allege time and attendance violations relating to their employer allowing them to work overtime, but not properly compensating them for it.
If they aren't properly compensating workers for their employee attendance, they could be investigated by the Wage and Hour Division and ordered to pay back wages or penalties.
For companies based in California, the need to comply with the state's complex time and attendance legislation is an everyday reality.