What doos my employer have to pay me for working away from our business?
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What doos my employer have to pay me for working away from our business?
I work 40 hours per week, and as of next month, I will be a non-exempt employee. I coach gymnastics and from January to May, I will be traveling most weekends to coach gymnastics meets, some of which will be overnight. Currently my employer simply pays me a session fee of $90 for every group that I am in charge of coaching. No hours are counted. Our company policy states that we have to travel via rental car together. So in the past I have been required to go coach 1 group and be gone for 2 days. Therefore, overall for the weekend away from home, I made $90 and per diem for food. I will likely have a couple of these this year where I end up working or being away from home sharing a hotel room with 2 other men. First, should I be paid hourly for the time I am actively coaching? Second, should I be paid for any other time when I am essentially stuck or can they only pay me for 4 hours of
Asked on November 3, 2016 under Employment Labor Law, Oregon
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
If you are nonexempt and hourly, you have to be paid for your time spent actually working and the time traveling (e.g. driving) to the offsite location, since work-related travel (i.e. traveling somewhere your employer tells you that must go) is considered work time, too. They do not need to pay you for your non-work time even in a different city or town (e.g. leisure time, meal time, sleep, etc.) and they don't have to offer you a per diem for food. You must also be paid overtime if/when you work (including the work travel) more than 40 hours in a week.
If you believe that overall, you would be better off being paid for the work and travel time than your current arrangement, you could contact your state department of labor to look into filing a complaint.
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