If an employee is traveling for training to another state, does he/she get paid for overtime?
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If an employee is traveling for training to another state, does he/she get paid for overtime?
Employee traveling from Phila – Los Angeles for training.
Training is Monday – Friday 9AM-5PM. Company paying for travel, meals and
training. Can the employee claim over-time if her normal full time week is 32
hours per week? Also is she paid over-time for travel?
Asked on November 13, 2017 under Employment Labor Law, Pennsylvania
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
This is one of the most complex issues in wage and hour law, but to oversimplify:
Time spent actually working or at employer-mandated training is work time: it must be paid and counts towards overtime.
Travel during the employee's normal work hours (e.g. M-F, 9-5) is work time and must be paid and counted for overtime. Time spent traveling outside normal hours is not work time.
"Working" meals--e.g. meals at which there are meetings, networking, etc. going on--is work time; nonworking meals are not.
The employee would get overtime when the sum of work time, mandatory training time, travel during work hours, and working meals exceeds 40 hours in a week.
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