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Working as a traveling employee can be exciting, but it also comes with a unique set of challenges. One of those challenges is understanding the different labor laws that apply to you as a traveling employee. In this article, we’ll explore some of the most important labor laws that you should be aware of, so you can stay informed and protect your rights as an employee.
What is a traveling employee?
A traveling employee is someone who is employed in a job that requires them to travel as part of their work. This could be anything from a salesperson who travels to meet with clients, to a construction worker who works on different job sites throughout the country.
What labor laws apply to traveling employees?
Traveling employees are protected by many of the same labor laws that apply to other employees, such as minimum wage laws, overtime laws, and anti-discrimination laws. However, there are also some specific labor laws that apply only to traveling employees.
What is the Fair Labor Standards Act (FLSA)?
The Fair Labor Standards Act, or FLSA, is a federal law that sets standards for minimum wage, overtime pay, and other employment practices. It applies to most employees in the United States, including traveling employees. Under the FLSA, non-exempt traveling employees are entitled to receive overtime pay for any hours worked over 40 in a workweek.
What is the Portal-to-Portal Act?
The Portal-to-Portal Act is another federal law that applies specifically to traveling employees. This law defines what activities are considered “work” and therefore eligible for compensation. For example, time spent traveling during normal working hours is considered work and must be compensated.
What is the Family and Medical Leave Act (FMLA)?
The Family and Medical Leave Act, or FMLA, is a federal law that allows eligible employees to take up to 12 weeks of unpaid leave per year for certain family or medical reasons. This law applies to traveling employees who meet the eligibility requirements and have worked for their employer for at least 12 months.
What is workers’ compensation?
Workers’ compensation is a type of insurance that provides benefits to employees who are injured or become ill as a result of their job. Traveling employees are generally covered by workers’ compensation, regardless of where their injury or illness occurs.
What is the Americans with Disabilities Act (ADA)?
The Americans with Disabilities Act, or ADA, is a federal law that prohibits employers from discriminating against individuals with disabilities. This law applies to traveling employees, and employers must provide reasonable accommodations to employees with disabilities, such as modified work schedules or access to assistive technology.
What should traveling employees do if they believe their rights have been violated?
If you believe your rights as a traveling employee have been violated, you should first speak to your employer or HR department to try to resolve the issue. If that doesn’t work, you can file a complaint with the U.S. Department of Labor or contact an employment lawyer for assistance.
Conclusion
As a traveling employee, it’s important to understand the labor laws that apply to you and your rights as an employee. By staying informed and taking action if your rights are violated, you can protect yourself and ensure that you are treated fairly in the workplace.
| Term | Definition |
|---|---|
| Traveling employee | Someone who is employed in a job that requires them to travel as part of their work |
| FLSA | The Fair Labor Standards Act, a federal law that sets standards for minimum wage, overtime pay, and other employment practices |
| Portal-to-Portal Act | A federal law that defines what activities are considered “work” and therefore eligible for compensation |
| FMLA | The Family and Medical Leave Act, a federal law that allows eligible employees to take up to 12 weeks of unpaid leave per year for certain family or medical reasons |
| Workers’ compensation | A type of insurance that provides benefits to employees who are injured or become ill as a result of their job |
| ADA | The Americans with Disabilities Act, a federal law that prohibits employers from discriminating against individuals with disabilities |
Frequently Asked Questions
Do traveling employees have to be paid for travel time?
It depends on the circumstances. Time spent traveling during normal working hours is considered work and must be compensated. However, time spent traveling outside of normal working hours may not be compensated.
Do traveling employees have to be paid for meals and lodging?
Employers are generally not required to pay for meals and lodging for traveling employees, but they may choose to do so as a benefit or incentive.
Can traveling employees be required to work overtime?
Yes, traveling employees can be required to work overtime if they are non-exempt employees under the FLSA. They must be compensated for any overtime hours worked.
Are traveling employees eligible for workers’ compensation?
Yes, traveling employees are generally covered by workers’ compensation, regardless of where their injury or illness occurs.
What should traveling employees do if they believe their rights have been violated?
If you believe your rights as a traveling employee have been violated, you should first speak to your employer or HR department to try to resolve the issue. If that doesn’t work, you can file a complaint with the U.S. Department of Labor or contact an employment lawyer for assistance.