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Message
how should a company compensate an hourly employee for out of state training
Posted on 4/28/16 at 9:06 am
Posted on 4/28/16 at 9:06 am
I have a mechanic that works with me and works hourly. We are getting a new line of equipment and so our mechanic will need to travel out of state to do some hands on training. He will most likely be there for a week. For the week he will be training our company is only compensating him 8 hours a day and he has to buy everything (flights, room, food, taxi etc) and will be compensated for it on his next check. He came to me for advice because he feels like he's getting the shaft being that he's only getting paid 8 hrs a day. I completely agree with him on this. is this the norm? If I were hourly i'd expect to get compensated at least 12 hrs a day until I'm back home. is that something he should demand?
29
Posted on 4/28/16 at 9:08 am to roguetiger15
When i would go out of town for the engineering firm i used to work for; they would just add all my expenses to the next check. I don't see anything wrong with how he is being compensated.
Posted on 4/28/16 at 9:08 am to roguetiger15
Will he be working 8 hours a day? If so, his compensation is correct.
Unless your company normally reimburses all employees for all food, transportation, and housing.
Unless your company normally reimburses all employees for all food, transportation, and housing.
Posted on 4/28/16 at 9:09 am to roguetiger15
quote:
For the week he will be training our company is only compensating him 8 hours a day and he has to buy everything (flights, room, food, taxi etc) and will be compensated for it on his next check. He came to me for advice because he feels like he's getting the shaft being that he's only getting paid 8 hrs a day.
Nonsense, salaried people have to do it.
quote:I don't.
I completely agree with him on this.
quote:
is this the norm?
It should be. They're going to reimburse him all his expenses, so why should he get paid for time he's not actually performing job duties.
quote:
If I were hourly i'd expect to get compensated at least 12 hrs a day until I'm back home.
Why?
Posted on 4/28/16 at 9:10 am to roguetiger15
I'm pressed for time or I'd summarize the rules for you.
Here are some links:
LINK
LINK
Go to 785.27 ff:
LINK
You may also want to go to the next section and look at the travel time section on whether his travel time is compensable.
It is not a simple issue, and you'll get some inaccurate advice (e.g. not realizing that salary v. hourly makes a large difference)
Here are some links:
LINK
LINK
Go to 785.27 ff:
LINK
You may also want to go to the next section and look at the travel time section on whether his travel time is compensable.
It is not a simple issue, and you'll get some inaccurate advice (e.g. not realizing that salary v. hourly makes a large difference)
This post was edited on 4/28/16 at 9:12 am
Posted on 4/28/16 at 9:10 am to Green Chili Tiger
yes he'll be working for 8 hours a day. but it's not like he'll be able to go back home after his 8 hours.
Posted on 4/28/16 at 9:10 am to roguetiger15
quote:
If I were hourly i'd expect to get compensated at least 12 hrs a day until I'm back home
Are your training 12 hrs a day? Otherwise, why should you be paid more hours? You sound like a bitchy employee. I'd probably look to replace you.
Posted on 4/28/16 at 9:11 am to roguetiger15
quote:
yes he'll be working for 8 hours a day. but it's not like he'll be able to go back home after his 8 hours.
And? Tell him to go enjoy whatever city his company is paying him to be in and look at it as a mostly free vacation.
Posted on 4/28/16 at 9:12 am to roguetiger15
Every company is different but i have two out of state hourly workers working for me now. Corporate books and pays for hotel. They drive in in a company vehicle (about three hours) and we pay them hourly for actual work and travel time plus $30 per night to cover meals etc. the $30 is paid on the next check and they don't need to turn in receipts. The hotel provides breakfast so they only have to take care of lunch and dinner. They like it and I never have a shortage of volunteers.
Posted on 4/28/16 at 9:13 am to chinhoyang
I may be reading the links wrong but isn't that for voluntary situations?
Posted on 4/28/16 at 9:14 am to LNCHBOX
quote:
And? Tell him to go enjoy whatever city his company is paying him to be in and look at it as a mostly free vacation.
I don't think Waco texas and vacation have ever been mentioned before in the same sentence
Posted on 4/28/16 at 9:17 am to roguetiger15
No, he should make an hourly rate and maybe get a small kicker for being required to travel.
Hourly employees can really be entitled sometimes.
Hourly employees can really be entitled sometimes.
Posted on 4/28/16 at 9:17 am to roguetiger15
quote:
I don't think Waco texas and vacation have ever been mentioned before in the same sentence
Thinsg to do in Waco. Travelling for work is what you make of it. Regardless, there is no reason he should be paid for more hours than he works. I don't get why you wouldn't think that.
Posted on 4/28/16 at 9:18 am to roguetiger15
he should only be compensated for the time he is being trained...if its 8 hours a day he shouldn't get compensated for 12.
Posted on 4/28/16 at 9:18 am to roguetiger15
quote:
I don't think Waco texas and vacation have ever been mentioned before in the same sentence
"I need to take a vacation and get the frick out of Waco."
Posted on 4/28/16 at 9:19 am to roguetiger15
No, it deals with employer mandated training as well. Voluntary is one of the four elements for making training time non-compensable:
The simple rule: Training time is compensable time unless it meets the four criteria for exclusion. The criteria are:
Participation in training programs need not be counted as working time if all of the following criteria are met:
Attendance is outside of the employee’s regular working hours;
Attendance is in fact voluntary;
The course, lecture, or meeting is not directly related to the employee’s job;
The employee does not perform any productive work during such attendance.
29 C.F.R. § 785.27.
All hours spent in training are compensable unless the four requirements are met.
Travel time to and from the training may also be compensable, or at least part of it. Here's the basic travel time regulation:
This does not constitute legal advice. Consult a lawyer.
The simple rule: Training time is compensable time unless it meets the four criteria for exclusion. The criteria are:
Participation in training programs need not be counted as working time if all of the following criteria are met:
Attendance is outside of the employee’s regular working hours;
Attendance is in fact voluntary;
The course, lecture, or meeting is not directly related to the employee’s job;
The employee does not perform any productive work during such attendance.
29 C.F.R. § 785.27.
All hours spent in training are compensable unless the four requirements are met.
Travel time to and from the training may also be compensable, or at least part of it. Here's the basic travel time regulation:
quote:
§ 785.39 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 worktime when it cuts across the employee’s workday. The employee is simply substituting travel for other duties. The time is not only hours worked on regular working days during normal working hours but also during the corresponding hours on nonworking days. Thus, if an employee regularly works from 9 a.m. to 5 p.m. from Monday through Friday the travel time during these hours is worktime on Saturday and Sunday as well as on the other days. Regular meal period time is not counted. As an enforcement policy the Divisions will not consider as worktime that time spent in travel away from home outside of regular working hours as a passenger on an airplane, train, boat, bus, or automobile
This does not constitute legal advice. Consult a lawyer.
Posted on 4/28/16 at 9:19 am to roguetiger15
Pay him his hourly rate for the amount of hours he's in training. If you want to sweeten it a little bit, provide him a per-Diem instead of reimbursement for the expenses.
Posted on 4/28/16 at 9:20 am to roguetiger15
A salaried employee would get their normal salary, the flight, hotel, car rental, gas, and meals bought for clients or outsiders during the performance of their job. Then they would either get their meals up to a certain amount reimbursed or a daily amount allotted for meals.
What in that list is your guy not getting?
What in that list is your guy not getting?
Posted on 4/28/16 at 9:21 am to northshorebamaman
Because he sounds like one
Posted on 4/28/16 at 9:22 am to GRTiger
quote:
A salaried employee would get their normal salary,
Unless the salaried employee is non-exempt and the training hours exceeded forty hours. Then, he would be entitled to overtime.
For this scenario, the hourly worker's time spent in training would be "time worked." Travel time spent, even on a weekend, that takes place during his normal work hours would also be "time worked."
If he normally works 8 to 5 M-F and travels on Sunday to the training from 2 to 9 p.m., only the travel time from 2 to 5 would have to be compensable.
This is for instructive purposes only and does not constitute legal advice.
This post was edited on 4/28/16 at 9:24 am
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