# Employment Law Question **URL:** \ **Category:** Factual Questions\ **Created:** [February 10, 2006, 3:28pm UTC](https://boards.straightdope.com/t/employment-law-question/343869 "2006-02-10T15:28:42Z")\ **Posts on this page:** 14\ **Page:** 1
**Author:** ![CandidGamera](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/candidgamera/32/2878_2.png) [@CandidGamera](https://boards.straightdope.com/u/CandidGamera)\ **Post date:** [February 10, 2006, 3:28pm UTC](https://boards.straightdope.com/t/employment-law-question/343869/1 "2006-02-10T15:28:42Z")
Some of you may be familiar with a recent training situation I complained about; some of you may not. The essence of the problem is this : I am a government contractor. I am being sent to training off-site. Based on the training schedule, traffic conditions, and distance, it’s going to be horrifically disruptive for me to adjust my sleep schedule to account for this trip. I requested a Hotel Room - but the company won’t get one. I requested comp time - but the company won’t do that. I can get mileage reimbursement, under certain conditions. A friend of mine assures me that they can’t send me to off-site training without comp time or overtime or some sort of compensation. He offers this : [http://www.opm.gov/oca/compmemo/2005/2005-03-att1.asp](http://www.opm.gov/oca/compmemo/2005/2005-03-att1.asp) but that seems to apply only to government (direct) employees. So, does anyone know if my company might be required by law to help me out here? If it helps, the distance between the primary duty station and the off-site training is 70 miles. ---
**Author:** ![mazinger\_z](https://avatars.discourse-cdn.com/v4/letter/m/5f9b8f/32.png) [@mazinger\_z](https://boards.straightdope.com/u/mazinger_z)\ **Post date:** [February 10, 2006, 4:25pm UTC](https://boards.straightdope.com/t/employment-law-question/343869/2 "2006-02-10T16:25:04Z")
I’m not an employment lawyer though I do some of my work in the procurement of independent and agency contractor services. IANYL, standard disclaimers apply: It is not clear in your post, but who did you request comp time and hotel room from? Did you ask your agency or did you ask your on site manager? Do you have even have an agency? All requests of this nature that come through to my managers, we tell the contractor to talk to his agency. When my company sends consultants out for a client engagement project, we have certain conditions upon which we allow the consultant to have their room and board reimbursed, driving reimbursed, and allow them a per diem. I know the mileage reimbursement is allowed by the IRS and are pretty loose in terms of where they are applicable. Room and board and per diem may have a higher threshold before one can deduct. I’m not familiar enough with the tax code to go hunting around for it, sorry. Ultimately, however, I am not aware of any law where it is mandated that an employer provide reimbursement. I do know that if you are an independent contractor, you are allowed to deduct pretty much everything (except clothes, and transportation related costs if your office is the office you are doing your work and not your designated home office). I believe Turbo Tax can explain it best (or an accountant). ---
**Author:** ![CandidGamera](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/candidgamera/32/2878_2.png) [@CandidGamera](https://boards.straightdope.com/u/CandidGamera)\ **Post date:** [February 10, 2006, 4:37pm UTC](https://boards.straightdope.com/t/employment-law-question/343869/3 "2006-02-10T16:37:48Z")
Spoke to my supervisor, and through him, the on-site program manager. Tax deductions aren’t the concern - but thanks for the input. I’m not sur what you mean by “agency” - my company won a contract to provide IT support services to a government site. I’m one of the folks providing that support. ---
**Author:** ![Nametag](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/nametag/32/406_2.png) [@Nametag](https://boards.straightdope.com/u/Nametag)\ **Post date:** [February 10, 2006, 4:56pm UTC](https://boards.straightdope.com/t/employment-law-question/343869/4 "2006-02-10T16:56:33Z")
> [@CandidGamera](#): > > Spoke to my supervisor, and through him, the on-site program manager. Tax deductions aren’t the concern - but thanks for the input. > > I’m not sur what you mean by “agency” - my company won a contract to provide IT support services to a government site. I’m one of the folks providing that support. OK, still not clear. Are YOU a contractor – that is, not an employee of the company you’re working for; an agency contractor – that is, a temporary worker nominally in the employ of a temporary empoyment agency; or an ordinary full-time employee of a company with a government contract? ---
**Author:** ![CandidGamera](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/candidgamera/32/2878_2.png) [@CandidGamera](https://boards.straightdope.com/u/CandidGamera)\ **Post date:** [February 10, 2006, 5:08pm UTC](https://boards.straightdope.com/t/employment-law-question/343869/5 "2006-02-10T17:08:21Z")
> [@Nametag](#): > > OK, still not clear. Are YOU a contractor – that is, not an employee of the company you’re working for; an agency contractor – that is, a temporary worker nominally in the employ of a temporary empoyment agency; or an ordinary full-time employee of a company with a government contract? The latter. I am a fulltime employee of GenericCo. GenericCo is the prime contractor for IT support on the Govt. site. ---
**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\ **Post date:** [February 10, 2006, 5:52pm UTC](https://boards.straightdope.com/t/employment-law-question/343869/6 "2006-02-10T17:52:00Z")
IANYL Are you salaried or hourly? If you are hourly: > [@](#): > > If we present training sessions for PA staff on Saturdays and open them to attendance by nonexempt staff on a voluntary basis, will we have to give them overtime compensation to those who attend? > > ``` > If attending the training sessions results in more than forty hours worked in the week, the employees will probably be eligible for overtime compensation. Attendance at the sessions will not be considered voluntary if the employees have the perception that management would like them to participate. > > ``` (this pertains to time that you spend at the training) [http://www.indiana.edu/~uhrs/training/bloomington/lc/faq.html](http://www.indiana.edu/~uhrs/training/bloomington/lc/faq.html) They almost certainly are not required to provide you with a hotel room, although you might be able to deduct the cost of one yourself. Whether they have to pay for travel time to the training is a little more complex: [http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=9th&navby=case&no=9715405](http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=9th&navby=case&no=9715405) (no) [http://www.supremecourtus.gov/opinions/05pdf/03-1238.pdf](http://www.supremecourtus.gov/opinions/05pdf/03-1238.pdf) (noting that the Portal-to-Portal Act excludes travel to place of principal activity) [http://www.dol.gov/dol/allcfr/Title\_29/Part\_785/29CFR785.50.htm](http://www.dol.gov/dol/allcfr/Title_29/Part_785/29CFR785.50.htm) There are other laws (Service Contract Act, the Davis-Bacon Act or the Walsh-Healey Public Contracts Act) that apply to government contractors. [http://www.blankrome.com/Publications/pfpublcont/update0503-6.asp](http://www.blankrome.com/Publications/pfpublcont/update0503-6.asp) I know next to nothing about them. ---
**Author:** ![CandidGamera](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/candidgamera/32/2878_2.png) [@CandidGamera](https://boards.straightdope.com/u/CandidGamera)\ **Post date:** [February 10, 2006, 5:55pm UTC](https://boards.straightdope.com/t/employment-law-question/343869/7 "2006-02-10T17:55:44Z")
> [@Gfactor](#): > > IANYL > > Are you salaried or hourly? Salaried, essentially. Thanks for the numerous info sources - I’ll have to go through them, but it appears I’m just SOL. I can pay the money for the hotel room; or do the six hour round trip each day (which would cause a psychological break and result in my not learning anything) or turn down the training and probably lose my year-end bonus. ---
**Author:** ![mazinger\_z](https://avatars.discourse-cdn.com/v4/letter/m/5f9b8f/32.png) [@mazinger\_z](https://boards.straightdope.com/u/mazinger_z)\ **Post date:** [February 10, 2006, 6:02pm UTC](https://boards.straightdope.com/t/employment-law-question/343869/8 "2006-02-10T18:02:14Z")
> [@CandidGamera](#): > > Salaried, essentially. > > Thanks for the numerous info sources - I’ll have to go through them, but it appears I’m just SOL. I can pay the money for the hotel room; or do the six hour round trip each day (which would cause a psychological break and result in my not learning anything) or turn down the training and probably lose my year-end bonus. Ask your manager at Generico (sorry, if I mis-read earlier) if he will reimburse you. If he doesn’t, then write it off. Too bad that you couldn’t do this until later in the year. ---
**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\ **Post date:** [February 10, 2006, 6:07pm UTC](https://boards.straightdope.com/t/employment-law-question/343869/9 "2006-02-10T18:07:13Z")
> [@CandidGamera](#): > > Salaried, essentially. > > Thanks for the numerous info sources - I’ll have to go through them, but it appears I’m just SOL. I can pay the money for the hotel room; or do the six hour round trip each day (which would cause a psychological break and result in my not learning anything) or turn down the training and probably lose my year-end bonus. It might be worth talking to an attorney about this. Even if you have to pay a bit. ---
**Author:** ![CandidGamera](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/candidgamera/32/2878_2.png) [@CandidGamera](https://boards.straightdope.com/u/CandidGamera)\ **Post date:** [February 10, 2006, 6:07pm UTC](https://boards.straightdope.com/t/employment-law-question/343869/10 "2006-02-10T18:07:36Z")
> [@mazinger\_z](#): > > Ask your manager at Generico (sorry, if I mis-read earlier) if he will reimburse you. If he doesn’t, then write it off. Too bad that you couldn’t do this until later in the year. Like him, personally, out of pocket? There are managers that do that? ---
**Author:** ![CandidGamera](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/candidgamera/32/2878_2.png) [@CandidGamera](https://boards.straightdope.com/u/CandidGamera)\ **Post date:** [February 10, 2006, 6:16pm UTC](https://boards.straightdope.com/t/employment-law-question/343869/11 "2006-02-10T18:16:42Z")
> [@Gfactor](#): > > It might be worth talking to an attorney about this. Even if you have to pay a bit. You think so? Ideally, I was hoping to find some relatively clear legal requirement I could show to the higher-ups and basically say “Doesn’t your policy conflict with this?” and if they didn’t have a good explanation, then I’d consider my options. ---
**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\ **Post date:** [February 10, 2006, 6:44pm UTC](https://boards.straightdope.com/t/employment-law-question/343869/12 "2006-02-10T18:44:41Z")
> [@CandidGamera](#): > > You think so? Ideally, I was hoping to find some relatively clear legal requirement I could show to the higher-ups and basically say “Doesn’t your policy conflict with this?” and if they didn’t have a good explanation, then I’d consider my options. None really comes to mind. But a lawyer would have to get all of the details of your employment and your employer’s status to locate the relevant provisions. For instance, you are salaried. That could mean that you are an exempt employee under the FLSA, but maybe not. Your job duties need to comply with one of the exemptions. Your employer is probably covered by the FLSA, but I’m not certain of that yet. Your employer’s contract with the government might subject it to additional rules that apply to this situation. The contract itself might have provisions that deal with this issue. State law might give you some gifts that federal law does not. It gets pretty complicated. ---
**Author:** ![CandidGamera](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/candidgamera/32/2878_2.png) [@CandidGamera](https://boards.straightdope.com/u/CandidGamera)\ **Post date:** [February 10, 2006, 6:48pm UTC](https://boards.straightdope.com/t/employment-law-question/343869/13 "2006-02-10T18:48:34Z")
Ah. Well, I do recall getting briefed on the FLSA, so it may be in effect. I also recall being told whether or not I was classified as exempt or not, but I can’t remember which it was. I realize it must be terribly hard to comment on a situation with so many variables, and I do appreciates the hints and suggestions. Thanks. ---
**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\ **Post date:** [February 10, 2006, 6:56pm UTC](https://boards.straightdope.com/t/employment-law-question/343869/14 "2006-02-10T18:56:47Z")
Good luck.