FIT Work-Related Travel and Overtime Pay Guidelines
In order to ensure accurate payment for overtime and compensable travel time, the following guidelines have been developed. These guidelines apply to positions defined under the Fair Labor Standards Act (FLSA) as positions eligible for overtime (known as “non-exempt” from the overtime provisions of the law).
Definitions
Normal Commute: Travel time from an employee’s primary residence to work or from work to primary residence/home is generally not compensable.
Required Attendance: Time spent attending required conference sessions, events, meetings, or mandatory working meals is considered hours worked. Meals or social functions that require the employee to attend and/or where work is performed.
Non-Required Time: Voluntary attendance at social events, meal periods where no work is performed, or time spent sightseeing is not compensable.
Non-Compensable Time: Meal periods and social activities where attendance is not required, and work is not performed. Time not worked even if it cuts across the employee’s regular schedule (e.g. downtime during a conference, personal activities such as sightseeing). Time spent sleeping, unless the employee has the primary responsibility for the safety and welfare of students.
Travel Across Time Zones: When an employee travels across time zones, the time zone associated with the point of departure (e.g. location of standard work assignment) is used to determine the employee’s normal work hours.
Overtime
Time worked outside of and in addition to an employee’s normally scheduled work week may be eligible for overtime pay.
Determination is based on the total number of hours worked in that week. Hours worked above the regular number of hours scheduled, up to 40 hours, are paid at straight time. Hours worked in excess of 40 are paid at one and one-half times the hourly rate.
Holiday/College Closures. On a scheduled college holiday or when there is a scheduled or unscheduled closure (due to weather, etc.), work performed may be eligible for overtime pay, as per the payment provisions above.
Travel
1. During Normal Work Hours. Any time spent traveling for work during the employee's normal work hours is compensable,
regardless of whether the travel occurs on a regular workday, a weekend, or a holiday.
Example: If an employee normally works 9 am to 5 pm and they travel from 10 am to
2 pm on a Saturday for a conference, the four hours are compensable.
2. Waiting Time. Time spent waiting at an airport, bus station, etc., is compensable if it occurs
during the employee's normal work hours.
Example: The employee’s normal hours of work are 9 am–5 pm. Their flight is at 11
am. They arrive at the airport per recommendations, two hours before departure. The
waiting time during their normal hours is paid.
3. One-Day Assignment (Not Overnight). If an employee attends a day conference in another city, all time spent traveling
to and from the other city is considered hours worked, minus the time the employee
would normally spend commuting to their regular worksite. Hours reported must include
regular commute distance and time, which is deducted from the total hours paid.
Example: The employee leaves their home and drives to a conference in NY. They leave
at 7 am to arrive at 9 am. The conference ends at 5 pm. It takes 2 hours to arrive
home. The total number of hours worked is twelve (12) minus their normal daily commute
time from home to campus (1 hour each way=2 total). The number of paid hours is ten
(10).
4. Travel Outside Normal Work Hours. Travel that keeps an employee away from home overnight is not compensable. Time spent traveling outside of the employee's normal work hours is generally not compensable if the employee is a passenger on a plane, train, boat, bus, or car and is free to relax.
Additional Examples
The following examples assume the regular work schedule is from 9 am–5 pm with a 30-minute lunch break (7.5 hours/day). Total time may vary based on a 6-hour/day work schedule.
Weekday Travel
1. Local Evening Event from 5:00 to 8:00 pm in Long Island.
Employee started work at 9:00 am and leaves campus at 3:00 pm to allow for travel,
parking, and setup before the fair. Travel from the event to their home takes 2 hours.
Their normal commute time from home to campus is 30 minutes.
Calculation:
[9 am–5 pm = 7.5 hours] + [5 pm–8 pm = 3 hours] + [Travel 8–10 pm = 2 hours] - [30
minutes normal commute]
Total 12 hours
2. Virtual Fair in the Evening.
Staff completes a full in-office day (9:00 am–5:00 pm), travels home, and then participates
in a virtual college fair from 6:00–8:00 pm.
Calculation:
[Regular Day Worked = 7.5 hours] + [Commute home 5 pm–6 pm = 0 hours] + [Virtual Event
6–8pm = 2 hours]
Total 9.5 hours
3. Weekday with Overnight Stay.
Staff leaves campus at 6:00 pm on Monday for a 10 am event in Florida on Tuesday.
The flight is 3.5 hours on Monday for a 10 am fair on Tuesday.
[Regular Day Worked = 7.5 hours] + [Break/Free Time 5 pm–6 pm = 0 hours] + [Travel
to airport 6–8 pm = 2 hours] + [Flight 8–10:30 pm = 0 hours]
Total 9.5 hours
4. Full-Day School Visit.
Staff are assigned to visit multiple high schools across Westchester County. They
leave home at 7:00 am to arrive for presentations from 8:00 am to 4:00 pm and arrive
home at 5:00 pm.
[Travel 7 am–8 am less regular 30 minute commute = 30 minutes] + [8 hours worked,
less lunch = 7.5] +[4–5 pm travel less regular 30 minute commute = 30 minutes]
Total 8.5 hours
Weekend / Overnight Travel
1. Weekend Fair with Saturday Travel
Staff leaves home Saturday for CA (10:00 am–4:00 pm) to attend a Sunday event from
10:00 am–2:00 pm. Staff travels back on Sunday on a 5:00 pm flight that arrives at
1:00 am because of the 3 hour time difference and it is a 6 hour flight.
During normal working hours [10 am–4 pm = 6 hours] + [10 am–2 pm = 4 hours]; travel
is outside normal hours; flight time not paid
Total 10 hours
2. Multi-Day Fair Trip (Friday–Sunday)
Staff drives on Friday night at 8:00 pm to attend a Saturday event (10:00 am–4:00
pm), and returns Sunday night after a Sunday morning event (12:00–1:00 pm) and has
a 2-hour commute home.
[10 am–4 pm = 6 work hours] + [12–1 pm event = 1 hour] + [1–3pm = 2 hours travel less
commute time home to campus (1 hour)]
Total 8 hours
3. On-Campus Weekend Event
Staff is assigned to an on-campus Open House on Saturday from 8:00 am–5:00 pm. Staff
has one hour travel to and one hour travel from home.
Normal commute to campus therefore no travel time. Work hours 8:00 am–5:00 pm is paid,
less lunch time if not a working lunch; or paid if working lunch
Total 8 hours (working lunch) or 7.5 hours (non-working lunch)
4. Saturday Event (Extended Day)
Staff drives 2 hours to an off-campus event starting at 12:00 pm and ending at 4:00
pm. They depart home at 9:00 pm and return at 6:00 pm.
2 hours travel (less 1 hour normal commute time) + 4 hours work time + 2 hours travel
(less 1 hour normal commute time)
Total 6 hours
Holidays
Event on a day when the College is closed
College is closed for Yom Kippur (Thursday), but staff is assigned to a 5:00–8:00
PM fair in Brooklyn. The commute is one hour each way (two hours total travel time).
[3 hours work] + [2 hours travel - 30 minutes (15 home to campus/15 campus to home
commute)]
Total 4.5 hours
Travel on a day when the College is closed
Staff leaves at 10:00 am for a 1:00 pm flight to FL and lands at 4:30 pm
During normal working hours, therefore, all paid a total of 6.5 hours
Unexpected or Special Circumstances
1. Event Cancellation Upon Arrival on a Weekend
Staff drives 2 hours to an off-campus event that is canceled upon arrival due to the
weather. Staff immediately drives back home (4 hours total travel time).
Total 4 hours
2. Overnight Stranding on the Weekend
Staff’s return flight is canceled, requiring an unplanned overnight stay and travel
home the next day. Total travel time is 10 hours. Travel during regular business hours,
regardless of the day of the week, is paid.
Total 7.5 hours
3. Travel Delay on a Saturday
A return flight on Saturday at 5:00 pm was delayed by 3 hours, extending the total
travel time to 7 hours for the day.
Time worked during the regular schedule on Saturday is paid; time beyond and wait
time is not compensable.