Policy Statement and Reason
For the purpose of this policy, employees include California non-exempt staff only. All provisions of this policy apply, except that for employees covered by a collective bargaining agreement, this policy does not create any benefits not expressly provided by that collective bargaining agreement and if there are inconsistencies between this policy and the collective bargaining agreement, the terms of the collective bargaining agreement will govern.
This policy addresses the compensability of required work-related travel for non-exempt staff employees in accordance with applicable state and federal law.
Emerson compensates non-exempt staff employees for travel time in accordance with applicable state and federal law. Travel time that is considered working time will be paid at the non-exempt staff employee’s regular hourly rate and will be factored into overtime calculations. Regular meal breaks are not considered working time in any of the situations described below. Non-exempt staff employees must take a thirty (30)-minute unpaid meal break if they work five (5) hours in a workday and unpaid ten (10)-minute breaks for every four (4) hours they work.
This policy applies to all non-exempt staff employees, who will be referred to below as “employee” or “employees.”
Ordinary travel time between home and work before and after the regular workday commuting time is not treated as working time.
Travel During Regular Working Time
The College will compensate employees for (a) work-related travel time (this does not include ordinary commute time between home and work); and (b) associated transportation expenses for work-related travel. For example, this means that if an employee must travel from the employee’s regular work site to another work site during regular working hours, the College considers that working time and will compensate the employee.
Travel on a Special One-Day Assignment
If the employee must report to a specified location (i.e., airport, train station, etc.) in order to take transportation to an alternative work site, and the travel to the specified location is substantially the same as the distance and time between the employee’s home and usual place of reporting for work, the College will begin calculating compensable working time when the employee reports to the specified location. Working time includes subsequent travel to and from the alternative work site, but does not include commute time home.
Recording Travel Time
Non-exempt employees shall record travel time in the same manner as they record non-travel time. All timesheets must be approved by their manager, and all overtime must be pre-approved.
Employees are responsible for accurately documenting and recording their time worked on their time sheets. The College takes fraudulent entries seriously. The College may take disciplinary action, up to and including termination, when employees make or managers knowingly or negligently approve fraudulent time entries.
Key Offices to Contact
Please contact Human Resources for further information regarding this policy and its implementation.
Links to Procedures or Forms
Non-Exempt: Non-exempt employee refers to a category of employees entitled to overtime pay as described in the Fair Labor Standards Act (FLSA). Non-exempt employees must be paid for each hour they work and 1.5 times their hourly wage for any hours worked over 40 in a workweek.
The contents of this policy are informational only and are not conditions of employment. This policy does not create any contractual obligations or alter the at-will employment of the College’s at-will employees. Emerson College reserves the right to modify, revoke, suspend, terminate, or change any and all policies and procedures at any time, with or without notice, as consistent with state and federal law.
Policy Effective Date: May 2019