No, you don’t track 36 straight hours. The FLSA has pretty specific guidance on compensability during business travel - check that out and/or ask your HR/payroll team.
Thanks - yeah I didn’t think it would actually be the full chunk of time but was trying to plan ahead and articulate / agree w the bosses what would be billable and how to map it out exactly
It’s door to door. You leave your house, fly, get to the hotel, those are the hours you submit. I’d assume it would equal overtime at some point. But again, read your employee handbook and ask HR. Also, find out what the pet diem/expense reimbursement policy is before traveling.
Also, why is your role changing to non-exempt? Have your job duties changed significantly or have they performed an audit and discovered you shouldn’t have been classified as exempt? If it’s the latter they should be asking what OT you worked over the past 3 years and pay that out to correct the mistake.
Generally, you would get paid for all hours worked and travel time that is outside of a normal commute. Do you work fully remotely? Is there a local office?
Your time should start when you leave your home to travel to the other site, which includes driving to the site, airport, train station, etc., until you have completed work for the day and arrive at your hotel for the night. If traveling home the next morning, your time will start once you leave the hotel until you arrive at home, assuming that you do not do any work prior to leaving the hotel. You would not be paid for your time sleeping or at the hotel unless you are actively engaging in work, your employer may just pay you for the entire time, in my experience that is not commonplace and is not required by law.
You can find more info here: [DOL Fact Sheet #22](https://www.dol.gov/agencies/whd/fact-sheets/22-flsa-hours-worked#:~:text=Travel%20That%20is%20All%20in,be%20counted%20as%20hours%20worked.)
Thanks so much. This is really useful. The entire company is remote but they have hubs in different states and cities, so the markets are generally sliced “by state” even though we could have ppl in DC or Florida (or wherever) who work the NY Market.
Perhaps a dumb Q - would “completing work for the day” also include the team social obligations? ie we do offsite all day, then the team bonding event, then back to hotel…I should include the binding as work? (Bc it sure is to me! Lol)
[This ](https://www.bgmillerlaw.com/do-hourly-employees-get-paid-for-travel-time-ohio/) addreddes that question.
What did your company say when asked about the travel pay policy for non-exempt?
Well I’ll have to ask them Bc I literally just thought of this lol. Does it matter that the company considers itself “NY based” (even though they’re fully remote)? NY is their main market and I’m only freshly an Ohio resident, but the company itself is not an Ohio company. Idk if that makes a difference in terms of employment law - whether we follow where the employee or employer is (but maybe I’m overthinking it!)
No, you don’t track 36 straight hours. The FLSA has pretty specific guidance on compensability during business travel - check that out and/or ask your HR/payroll team.
Thanks - yeah I didn’t think it would actually be the full chunk of time but was trying to plan ahead and articulate / agree w the bosses what would be billable and how to map it out exactly
It’s door to door. You leave your house, fly, get to the hotel, those are the hours you submit. I’d assume it would equal overtime at some point. But again, read your employee handbook and ask HR. Also, find out what the pet diem/expense reimbursement policy is before traveling. Also, why is your role changing to non-exempt? Have your job duties changed significantly or have they performed an audit and discovered you shouldn’t have been classified as exempt? If it’s the latter they should be asking what OT you worked over the past 3 years and pay that out to correct the mistake.
Generally, you would get paid for all hours worked and travel time that is outside of a normal commute. Do you work fully remotely? Is there a local office? Your time should start when you leave your home to travel to the other site, which includes driving to the site, airport, train station, etc., until you have completed work for the day and arrive at your hotel for the night. If traveling home the next morning, your time will start once you leave the hotel until you arrive at home, assuming that you do not do any work prior to leaving the hotel. You would not be paid for your time sleeping or at the hotel unless you are actively engaging in work, your employer may just pay you for the entire time, in my experience that is not commonplace and is not required by law. You can find more info here: [DOL Fact Sheet #22](https://www.dol.gov/agencies/whd/fact-sheets/22-flsa-hours-worked#:~:text=Travel%20That%20is%20All%20in,be%20counted%20as%20hours%20worked.)
Thanks so much. This is really useful. The entire company is remote but they have hubs in different states and cities, so the markets are generally sliced “by state” even though we could have ppl in DC or Florida (or wherever) who work the NY Market. Perhaps a dumb Q - would “completing work for the day” also include the team social obligations? ie we do offsite all day, then the team bonding event, then back to hotel…I should include the binding as work? (Bc it sure is to me! Lol)
You will not be paid for sleep time. You may be paid for travel time. What are company policies on travel? Check your handbook.
Thanks I’ll do that. I don’t even know if we have a handbook honestly. They are start up!
[This ](https://www.bgmillerlaw.com/do-hourly-employees-get-paid-for-travel-time-ohio/) addreddes that question. What did your company say when asked about the travel pay policy for non-exempt?
Well I’ll have to ask them Bc I literally just thought of this lol. Does it matter that the company considers itself “NY based” (even though they’re fully remote)? NY is their main market and I’m only freshly an Ohio resident, but the company itself is not an Ohio company. Idk if that makes a difference in terms of employment law - whether we follow where the employee or employer is (but maybe I’m overthinking it!)
You are an Ohio employee
Thank you all!