Ask the Attorney Archives

Q: “Our company holds quarterly meetings offsite during the day. Employees are not required to attend, but are invited and you could even say encouraged. Hourly employees who attend are paid if they attend; if they do not attend they are not paid but can take available PTO. Since the day has already begun for the employees, they need to travel to the event. Some drive themselves, some ride with others etc. The quarterly meetings are to communicate company updates, team building etc. The question is regarding travel pay. Can the company have those in attendance sign in when they arrive to “take attendance” and when payroll is submitted, add four hours to their pay for that time? The four hours would be based on the length of the event. This would be like holiday pay or a PTO day—added hours that do not reflect a specific time of arrival and departure, nor would it necessarily include travel time for either traveling to the event or back to the office at the end of the day. The reason to go back to the office would be if they carpooled. Otherwise they would go home from the event. If not, do you have other suggestions in lieu of paying employees for the travel time to the event?” – Christy, North Carolina

Q: “Our type of industry is very seasonal; during our peak times employees often will work overtime, while during our off-season they do not work many hours. Can our employees choose to bank overtime hours and get paid for them during the off-season time when they work less than 40 hours in a given week? I understand that it is illegal to use comp time for private employers; however we are not giving time off, we are just paying their overtime hours at a later time.” – Cecilia, California

Q: “Our employee handbook states ‘If you are gone due to illness for more than two days, a doctor’s note is needed.’ When we have excessive absences for occasional illness I ask that they bring in a doctor’s note each time to discourage unnecessary absences until the attendance improves. Am I wrong?” – Jeff, Iowa

Q: “What is the company’s responsibility for employees experiencing problems with alcohol or controlled substances who are encouraged to seek assistance voluntarily? If we direct employees to available services, or if testing for drugs is in place when an employee has returned to work following a treatment program, are we responsible for the costs involved?” – Anonymous, Pennsylvania