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  1. #1
    Join Date
    Apr 2017
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    10

    Default Hours/Ot Paid for Offsite Event

    My question involves labor and employment law for the state of: California

    Our office is taking a Friday for an offsite getaway day for all employees. Attendance is mandatory. The question is in regards to salaried non-exempt employees. If everyone meets at the office at let's say 8:00am, and gets back to the office by 7:00pm, I assume that there would be three hours of overtime required to be paid, correct? If so, how does time allotted to lunch and dinner during that 11 hour event get handled? Is it all just considered time worked?

    Thanks.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,727

    Default Re: Hours/Ot Paid for Offsite Event

    You can’t determine how much overtime is due without more explanation of your schedule. Where did you get the 4 hours you believe you may be due overtime?

  3. #3
    Join Date
    Sep 2010
    Posts
    19,149

    Default Re: Hours/Ot Paid for Offsite Event

    Any "bona fide" meal time (meaning 30 mintues or more and you're not otherwise working while eating) is not required to be compensated (and doesn't count for overtime). It doesn't matter whether it's Breakfast, Lunch, Dinner, Brunch, Eleveses, Tea, or Supper.

    Shorter breaks (or time spent working even if also eating) are counted (you must be paid and it counts toward OT).

    There's not enough information posted to determine if the travel time from the office to the offsite location and back counts, but I suspect it does.

  4. #4
    Join Date
    Oct 2016
    Posts
    3,152

    Default Re: Hours/Ot Paid for Offsite Event

    The law also states. "The employee is not relieved if he is required to perform any duties, whether active or inactive, while eating." If the breaks are group meals where you are actually working (and I would certainly count being forced to talk about work-related issues with my boss or co-workers, work) an argument could be made that mealtime is compensable as well.

  5. #5
    Join Date
    Sep 2010
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    19,149

    Default Re: Hours/Ot Paid for Offsite Event

    Yep, that's what I meant by "otherwise working." Being forced into discussions or even listening to a lecture while eating makes it work not a meal break.

  6. #6
    Join Date
    Oct 2016
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    3,152

    Default Re: Hours/Ot Paid for Offsite Event

    I just wanted to clarify for the OP.

  7. #7
    Join Date
    Apr 2017
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    10

    Default Re: Hours/Ot Paid for Offsite Event

    My 3 hours of overtime assumed a 5 day, 8 hour/day typical workweek. So for this day in my example, I used 3 hours. The core issue is really whether or not these employees should be paid for the full 11 hours, OT or otherwise. It looks like the meal periods will need a bit more scrutiny, but I don't think they'll be work-related, just group meals at the event.

    I also just assumed that since everyone has to first meet at the office, then load onto a bus to go to the event (and the reverse for the trip back) that bus ride travel time would be paid.

  8. #8
    Join Date
    Oct 2016
    Posts
    3,152

    Default Re: Hours/Ot Paid for Offsite Event

    The travel time that isn't part of the normal workday must be paid BUT it doesn't have to be calculated in the overtime rate unless except for an employee that is driving.

    The meal times are an iffy issue. It really depends on the meal on the nature of what goes on at the meal.

  9. #9
    Join Date
    Oct 2006
    Posts
    15,531

    Default Re: Hours/Ot Paid for Offsite Event

    Quote Quoting joeblow
    View Post
    My 3 hours of overtime assumed a 5 day, 8 hour/day typical workweek. So for this day in my example, I used 3 hours. The core issue is really whether or not these employees should be paid for the full 11 hours, OT or otherwise. It looks like the meal periods will need a bit more scrutiny, but I don't think they'll be work-related, just group meals at the event.

    I also just assumed that since everyone has to first meet at the office, then load onto a bus to go to the event (and the reverse for the trip back) that bus ride travel time would be paid.
    What kind of event is this? Continuing Education?, Teamwork Building?, or something intended to be just plain fun?

  10. #10
    Join Date
    Apr 2017
    Posts
    10

    Default Re: Hours/Ot Paid for Offsite Event

    It's just a fun day, no team building, education, etc.

    Good to know about the travel distinction, wasn't aware of that. Thanks.

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