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Permissible reductions have no effect on the employee's exempt status. I believe if you are going to hire adults then you should treat them as adults. Exempt professional job duties. Unauthorized extensions of authorized work breaks need not be counted as hours worked when the employer has expressly and unambiguously communicated to the employee that the authorized break may only last for a specific length of time, that any extension of the break is contrary to the employer's rules, and any extension of the break will be punished. The most elusive and imprecise of the definitions of exempt job duties is for exempt "administrative" job duties. The difference between Federal and State laws. In more technical terms, what they are asking is, when should time spent traveling by an employee be count as hours worked for purposes of wage payment and, oftentimes more importantly, overtime calculations?

Under the FLSA, employers are required to maintain certain records for each non-exempt worker. These records include, but are not limited to, records of the hours worked each day, the total hours worked each workweek, total overtime earnings for the workweek, and the like.

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The fact that an employee is driving a Government vehicle in commuting to and from work is not a basis for determining that commuting time is hours of work. See Bobo decision cited in the References section. Similarly, for FLSA-exempt employees, normal commuting time from home to work and from work to home is not hours of work. However, commuting time may be hours of work to the extent that the employee is officially ordered or approved to perform substantial work while commuting.

If an employee whether FLSA-covered or exempt is required to travel directly between home and a temporary duty location outside the limits of the employee's official duty station, the time the employee would have spent in normal commuting must be deducted from any hours of work outside the regularly scheduled administrative workweek or, for FLSA covered employees, outside corresponding hours on a nonwork day that may be credited for the travel time.

The travel time is credited as hours of work only as allowed under the applicable rules-e. This website uses features which update page content based on user actions. If you are using assistive technology to view web content, please ensure your settings allow for the page content to update after initial load this is sometimes called "forms mode". Additionally, if you are using assistive technology and would like to be notified of items via alert boxes, please follow this link to enable alert boxes for your profile.

What if they are actually sitting home playing checkers with their kids? It is rare in most industries for managers to literally stand next to their subordinates to ensure that the subordinates are working each minute of the work day.

In fact, some non-exempt workers report to work, clock in, perform their work, clock out, and return home with little to no interaction with peers or supervisors.

Under the FLSA, employers are required to maintain certain records for each non-exempt worker. These records include, but are not limited to, records of the hours worked each day, the total hours worked each workweek, total overtime earnings for the workweek, and the like.

Some employees may still complete time cards by hand. If the employer already utilizes such a software program, it should be relatively simple to determine whether the program can be accessed remotely.

If so, the same program can be used by a remote worker. If not, options for remote time tracking software can be explored. Thus, before permitting a non-exempt employee to telework, an employer should understand what hours are typically compensable for the particular employee, ensure that the employee understands expectations associated with tracking, and discuss whether there are any modifications needed to time tracking when working remotely.

For example, usually rest breaks of 20 minutes or less are paid for as working time and count towards hours worked. It is imperative that employers unambiguously communicate to all employees the length of time and frequency permitted for the breaks and ensure that break time is properly tracked while working remotely as well as at the traditional work site. It would also not be required to include time spent traveling home from a construction site after a workday is over if the employee is not required to return to the offices.

An employer must pay an employee for time spent traveling to and from another city in the same day. If the employee does not first report to his usual workplace, the employer may be able to deduct the time the employee usually takes to get to and from work from the time spent traveling to the other city. When employees are required to travel away from their homes and that travel spans more than one workday, an employer must include in hours worked the time actually spent traveling, e.

For example, if an employee normally works from 8: Time spent traveling before 8: To clarify, if an employee normally works Monday through Friday from 8: As noted above, if the employee actually performs work on a non-workday while he or she is traveling, the employer would need to count that time as hours worked regardless of what time the work is performed.

The Portal-to-Portal Act and its regulations provide some helpful guidance regarding when an employer must count travel time as hours worked for wage payment and overtime purposes.

Employers, especially those whose employees are frequently on the move, are wise to try to understand their obligations to employees who travel. If a situation does not fit squarely within the guidelines set forth above, it is recommended that an employer contact an attorney or HR professional to help them ensure compliance with the law.

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The FLSA establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in Federal, State, and local governments. Covered nonexempt workers are entitled to a minimum wage of not . Time spent by an employee in travel as part of their principal activity, such as travel from job site to job site during the workday, is work time and must be counted as hours worked. Travel Away from Home Community: Travel that keeps an employee away from home overnight is travel away from home. Travel away from home is clearly work time when it cuts across the employee's workday. Many of FLSA exclusions are found in § of the FLSA. Exempt or Nonexempt. Employees whose jobs are governed by the FLSA are either "exempt" or "nonexempt." Nonexempt employees are entitled to overtime pay. Exempt employees are not. Most employees covered by the FLSA are nonexempt.