Paid Time

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Paid Time

I live in CA and travel all over the US for work. I am a non-exempt employee. My
employer requires me to travel for 2-4 weeks at times. I am wondering if my
employer will have to pay me for keeping me over the weekend? I may or may not do
any work over the weekend at all, and that is why my employer will not send me
home weekly. Some weekends I just stay in my hotel. Am I entitled to being paid
for keeping me over the weekend? Yes the hotel is paid by the company, but I am
not being compensated to stay the weekend.

Asked on December 20, 2016 under Employment Labor Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Only you can site see, visit with friends, travel home or have your family/friends come vivit you. work time is comensable. The fact is that your week-ends are your own. While some of these options may or may be practical, it still doesn't make this time work time.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, you are not entitled to compensation for your weekend time away from home. Even though you are away from home, if you are not working, it is not work time: you are free to, for example, fly home on you own dime if you wanted; have your family fly to you; sightsee and play tourist; relax; do freelance work for someone else; etc. As a practical matter, it may be difficult to do what you want, but legally you can; and since legally you can, it is your time, not your employer's and not work time.


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