I am an hourly employee that punches in at 8 am and out at 4 pm M-F. I was recently sent out of state for training. The training was all day on Monday and Tuesday. We had to fly out (Company’s reservations) mid-day on Sunday. Am I entitled to compensation—either money or time—for flying out on my day off? Most other expenses were paid. Thanks.

Posted  01-12-2015

Ann Kiernan replies:

Under federal wage and hour regulations, travel away from home is worktime for nonexempt employees when it cuts across the employee’s workday, not only on regular working days but on nonworking days, too. “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.” 29 C.F.R. §785.39

So, it looks like you are entitled to pay for the time between 8 and 4 on Sunday that you were traveling. If that puts you over 40 hours for the week, you should get overtime, too. Your payroll department should fix this easily, but if they don’t, you can contact your federal and/or state wage and hour office for help. Good luck.

Information here is correct at the time it is posted. Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first.