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How to Handle Travel Pay Legally (HRM562V)

Presented by: Mark Tabakman
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Pre Recorded Webinar
90 minutes
  •  Wed, May 4, 2016
Event Description
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1.0 CPE
1.5 Credit
1.5 PDC - AudioSolutionz is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM

Design a Travel Time Policy that Addresses All Issues and is Compliant with FLSA and DOL Guidelines

Under the Fair Labor Standards Act (FLSA), time spent by employees in activities before or after their shift might be considered as working time and is therefore compensable. These are the “soft,” “subtle” activities that employers may not necessarily, or automatically, think of as working time. If there are a number of employees in a particular classification performing this work, the danger arises that a FLSA class action may ensue. In addition, the FLSA must always be considered in relation to state and local news. These laws may provide for greater rights for employees. Generally, the rule states that whichever law is stricter for the employer, is the one that needs to be complied with.

One of these preliminary activities is travel time.  Employees report to work and they go home, maybe from different locations.  Maybe they transport tools or special equipment. So, do any of these circumstances change their home-to-work commutes into compensable time?  What if they are installation or technician employees and their first commute in the morning involves a lengthy distance?  Does that alter the otherwise non-compensable nature of their travel? What are the rules when employees drive company vehicles?  Does that change the commute into compensable time?  What circumstances, if any, exist to compel payment for such travel time in a company vehicle?  The employer is able to deal with these various scenarios and protect itself by the crafting and implementation of a travel time policy that addresses these issues.

There are DOL guidelines and court precedent that speak to this issue and drafting a compliant policy will stave off possible legal action and ensure good employee relations. There are many other working time issues and flashpoints. More and more litigation concerns the engagement in preliminary and postliminary activities and whether those activities rise to the level of actual “work.”  Employers need to be able to recognize when potential issues may exist, especially if there are several or a group (i.e. class) of employees performing the same preliminary activity.

Maybe the employers lose the understanding of legal nuances involved in the matters, and that is the reason this webinar by expert speaker Mark Tabakman will explain the ‘art’ to recognize when do such issues as well as exposures present themselves, and how you can rectify them before the start of real trouble. This Webinar will explain the concepts of Employee Travel Pay. The session will also analyze the core problematic areas and suggest policies and protocols to address this specific issue that are strategic and proactive. A PPT will be presented in the session which is a virtual ‘law book’ albeit written in plain English that is easily understood, and which will provide employers/HR professionals the crux of what flashpoint issues are, and when they tend to become presenting problems. This webinar will also benefit you by providing practical advice, as well as legalities analysis to ensure that the top problem areas/issues are found out, and how they can be fixed.

Session Highlights:

  • The Concept of Preliminary/Postliminary Work
  • The Kinds of Employee Travel—When Are They Compensable
  • Rules for Overnight Travel Pay
  • Rules for Commuting for Work in Emergency Situations
  • The Concept and Examples of Portal to Portal Act
  • Proactive Strategizing: Drafting An Appropriate Travel Time Policy
  • The Concept and Examples of DOL - Wage and Hour Opinion Memorandum — FLSA2007-1
  • Class Action Trigger Points.
  • Other Working Time Issues

Who Should Attend

Business Owners, HR Professionals, In-House Counsel, Upper Management, operations supervisors/managers

About Our Speaker(s)

Mark Tabakman | Employment Laws SpeakerMark Tabakman
Mark is a labor and employment lawyer at Fox Rothschild, LLP who handles both union and non-union matters for employers across the country. He counsels human resource professionals and in-house counsel in complying with the myriad federal/state employment laws to provide creative, practical and cost-effective solutions... More info

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    Event Title: How to Handle Travel Pay Legally
    Presenter(s): Mark Tabakman

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