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Delta-Lawyer, Lawyer
Category: Employment Law
Satisfied Customers: 3546
Experience:  In-House Counsel & Litigator
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We are a small company of about 26 people in Pennsylvania.

Customer Question

We are a small company of about 26 people in Pennsylvania. We have a few outside sales personnel. Everyone is required to punch in and out using our time card system as we generate PTO hours based on hours worked. For out sales personnel who travel, when they travel, they do not have access to the time clock so I enter a standard 9 hours on days traveled for these sales people. The argument has come up that by me doing that I could affect their workers compensation should they be injured while at a trade show, etc. I am familiar with 785.39 when traveling via airplane or car, etc. but what if I put the standard hours in and they are injured at the trade show or at a clients store? Would that affect their workers compensation? My original answer was no because they are punched in already....
Submitted: 1 year ago.
Category: Employment Law
Expert:  Delta-Lawyer replied 1 year ago.

I hope this message finds you well, present circumstances excluded. I am a licensed attorney with over a dozen years of employment law experience. It is a pleasure to assist you today.

The short answer is that you are likely fine taking the approach that you are taking relative to the approximation for workers comp as long as you can show, if audited or questioned, that the nine hours that you give these individuals is approximately on average what they are working.

In order to do that you need to be able to show, in some capacity, that their outside sales requirements on average, results in a 9 hour work day. This should be re-producible via some form of documentation. If you cannot produce some form of documentation that approximates the 9 hours, then you may need to go to another system...such as a call in system wherein they call in to a call center to note they are on the clock and then they call in when they go off the clock. If they are on sales calls in a company vehicle, you can purchase CAD systems that are GPS monitoring devices that can evidence whether they are actually moving or on location relative to their stated calls.

So, there are methodologies all the way around here, but in short, as long as you can show that their average outside work day approximates 9 hours, then you are good to go.

Let me know if you have any other questions or comments.

Please also rate my answer positively (three or more stars) so I can receive credit for my work.

Best wishes going forward!

Expert:  Delta-Lawyer replied 1 year ago.

Just checking to see if you have any additional questions. I want to make sure you are as comfortable as possible as you move forward. Thanks!

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