Page 18 - The Edge - BTS 2019

SUMMER CONFERENCE AND EXPO

BY DON HARRIS
To Pay or Not to Pay –

at Is the Question
Laura Elizondo Teresa Wong Barbara Goodwin

Complying with the Fair Labor Standards Act when work location. at requirement applies for any day of the
compensating non-exempt employees can be a bit tricky, but week, even on a weekend.
doing so can keep your school district out of trouble with the Wong explained that travel that keeps an employee away
federal government. from home overnight is clearly work time when it cuts across
Experts cautioned AASBO members that requirements of the employee’s workday. e time includes not only hours
the FLSA are the minimums. When determining whether to pay worked on regular working days during normal working hours,
an employee for attending a conference, travel, waiting time or but also during corresponding hours on non-working days, she
being on-call, a district’s policies and procedures can exceed said.
federal standards. De ning and clarifying the minimum FLSA Normally, time spent in travel away from home outside of
guidelines regarding non-exempt employees were spelled out regular working hours as a passenger on an airplane, train,
during a breakout session at the AASBO Annual Conference and boat, bus, or automobile is not considered compensable.
Expo. Presenters included Laura Elizondo, Human Resources When an employee is required to drive themselves or others,
Director at Avondale Elementary School District, Teresa Wong, all driving time is compensable, Wong said.
Glendale Elementary School District, and Barbara Goodwin, a ”An employee must be paid for any time he or she is
retired Human Resources Assistant Superintendent. performing work. is includes time spent working during travel
Goodwin opened by suggesting that AASBO members as a passenger that would otherwise be non-compensable,” she
attending the conference were entitled to be paid under FLSA said.
standards. “You all fall under the FLSA guidelines,” she said. Goodwin explained that time spent in meetings, lectures
Elizondo explained that an employee must be paid for all or training is considered hours worked and must be paid,
of the time considered to be “hours worked” under the FLSA. with four exceptions. Attending such events is not considered
Compensable work is something the employee is required compensable under FLSA standards if attendance is outside
to do. e law uses the words “su ered or permitted” when regular work hours, attendance is voluntary, the course, lecture
referring to work that is required. or meeting is not job related, and no other work is concurrently
“Either you require them to do it, or you allow them to do performed.
it.” Elizondo said. “Aside from a typical xed work schedule, Goodwin emphasized that all four criteria must be met for
this may include time spent waiting, on-call, in training, or attendance to considered non-compensable.
travelling.” Whether waiting time must be paid under FLSA depends
Goodwin stressed: “Focus on the minimum, what you on the circumstances. Goodwin explained that a secretary
must do, but always refer to district policies or procedures who reads a book while waiting for dictation or a reman
or legal counsel. Just because you consider something non- who plays checkers while waiting for an alarm is considered
compensable time, your district may have taken a di erent working. Both must remain at their work place or so close that
avenue and decided to compensate. Your district can do they don’t have time for a personal task. If they are able to
anything over and above FLSA. Just be careful. You don’t want leave the premises, they are not eligible to be paid, Goodwin
to put your district in a libelous situation.” said.
Federal officials can require you to pay a non-exempt If an employee is required to provide contact information
employee a certain amount of money and assess a ne. so they can leave the premises, they are not required to be paid
Regarding travel time, ordinary trips to and from work are under FLSA.
not compensable. But travel between job sites during a normal Elizondo touched on some common problems. For example,
work day is work time and thus considered compensable hours if an employee is required to work “o the clock,” they must be
worked and must be paid. Special rules apply for travel away paid.
from an employee’s home community that requires overnight Other problem areas involve unpaid travel between job sites,
stays. unpaid training during work time, required waiting time, and
When an employee must travel out of town for work but being on-call.
returns home the same day, all the time spent traveling during
the day is compensable, regardless of the employee’s regular Laura Elizondo can be reached at: lelizon@avondale.k12.az.us
work hours. However, an employer may deduct the time the Teresa Wong can be reached at twong@gesd40.org
employee would have spent commuting to his or her regular Barbara Goodwin can be reached at: bjgoodwin26@gmail.com

18 THE EDGE | BACK TO SCHOOL 2019