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About Thomas R. Ballas
Expertise
I will take questions about EEOC complaints, ADA, FMLA and most Human Resource issues. I am an expert in the Railway Labor Act and collective bargaining agreements.

Experience
I have 36 years experience in the rail industry, 16 as the lead company negotiator for all Section Six talks.

Education/Credentials
BA in Psychology, PHR and SPHR Certifications.

 
   

You are here:  Experts > Business > Corporate Law > Employment Law > WAGE AND HOURS AND COMPENSATION WHEN TRAVELING

Employment Law - WAGE AND HOURS AND COMPENSATION WHEN TRAVELING


Expert: Thomas R. Ballas - 11/7/2009

Question
QUESTION: my daughter is working as a marketing manager from 40 to 60 hours per week. She is not in charge of anybody. she travels a lot, mostly on weekends. she organized events to promote and open new branches for a bank. sometimes she travels as far as Virginia. she drives to place, organize event, attend meetings as late as 9 PM. she mostly stay overnight. in 2 days she usually spend 18-24 hours between driving and working. in return she only get one day back as compensation. she does not get  overtime. what is your opinion. thank you.

ANSWER: Danielle:

Here is a link to the DOL page that can help you determine if the position should be classified as exempt or non-exempt.  If she makes independent decisions on behalf of the company, she may be on an exempt position.

http://www.dol.gov/compliance/guide/minwage.htm

Hope this helps.

Tom Ballas



---------- FOLLOW-UP ----------

QUESTION: how about compensation when person travel for business

Answer
Danielle:
If exempt, I do not think she gets paid.  If hourly, there may be a union agreement that says there is some sort of pay.  Remember, travel is not service, so many companies do not pay.  There are not laws that say travel must be paid.

Tom Ballas

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