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  •  If my employer sends me somewhere, and (2+ / 0-)
    Recommended by:
    Farugia, ColoTim

    I get sick from the food, the fact that I don't get paid to eat would not preclude me from compensation, given the fact that I wouldn't be eating that food in the first place if I wasn't on that trip for them.

    As a salaried employee, I'm basically always "on the clock" insofar as I'm available for work if they want or need me. I have had "business travel" which did indeed consist of multiple all-nighters, but even when it doesn't, I consider my bosses to be responsible for my well-being as long as I'm away. That does not and should not change should I choose to engage in Teh Sex with another consenting adult.

    Visit Lacking All Conviction, your patch of grey on those too-sunny days.

    by eataTREE on Tue Dec 18, 2012 at 12:31:48 PM PST

    [ Parent ]

    •  This woman is government employee (0+ / 0-)

      She is more than likely not expected to be on the clock 24/7, even when traveling, assuming their civil service is like ours. Federal employees are not considered on the clock while traveling except during regular business hours and in the actual act of traveling. Some agencies go so far as to require their employees to take leave to cover layovers unless they can work from the airport.

      This story has nothing to do with sex being acceptable or not. It is that having sex was not part of her job (presumably) and she's being compensated for what she was doing on her free time.

      •  It doesn't matter (1+ / 0-)
        Recommended by:
        ColoTim

        When traveling, time "off the clock" is still constrained by the fact that you are traveling and having little choice of how and where you're spending your "off the clock" time.

        Replace "During the sex, a glass light fitting was torn from its mount above the bed and landed on her face" by "While brushing her hair, a brusque gesture knocked off a lamp fixture above the mirror that landed on her face".

        Now, may be you have different ideas about employer responsibilities towards traveling employees, but in Australia, it seems that it includes all normal activities on time off the clock, as it should.

        I deal in facts. My friends are few but fast.

        by Farugia on Tue Dec 18, 2012 at 12:56:56 PM PST

        [ Parent ]

        •  In both of those situations, its the same (0+ / 0-)

          What is she doing outside of business hours is no concern of her employer. Being on travel for work is not a 24/7 insurance policy.

          •  Well, in Australia, it is. (0+ / 0-)

            Or at least, it seems to be.

            I'm not a workplace lawyer and even less an Australian one, but I know that in most of Europe it would have been the same.

            Now, in the US, workplace injuries during work, doing work, under work orders are barely compensated, if at all. So, I guess the comparison is moot.

            I deal in facts. My friends are few but fast.

            by Farugia on Tue Dec 18, 2012 at 03:30:32 PM PST

            [ Parent ]

        •  I must confess that I had never thought about this (0+ / 0-)

          before and it is kind of an interesting philosophical conundrum.

          I think it is precisely because it was an everyday normal activity that it seems strange to have your employer be liable (unless the hotel fittings were faulty).

          To use examples from my own work-related travel.

          I took students on a field course to Ecuador in the summer.  If I had been bitten by a venomous snake while in the rainforest that would clearly seem to qualify for compensation as I would not have been in a situation where that could have possibly happened to me otherwise.

          On the other hand, a week and a half ago I attended a conference in St Petersburg.  If I had slipped in the shower and hurt myself, unless it was clear that the hotel's shower was unsafe, it seems very dubious to me that my employer should be responsible.  It was a random accident that could have happened any day of my life.

          Otherwise you seem to fall into this kind of absurdity.  I'm walking down the street and I see my employee Bill.  I remember that I need some information from him and stop him to ask him for it.  This delays him in his walk home for a minute and as a result, five minutes later, he is hit by a bus and killed.  I am responsible for his death in a strictly causal sense but not in any kind of moral sense as the bus accident was completely unpredictable.  

          "We are normal and we want our freedom" - Bonzos

          by matching mole on Tue Dec 18, 2012 at 01:38:43 PM PST

          [ Parent ]

          •  Your examples aren't oranges and oranges. (1+ / 0-)
            Recommended by:
            Sailorben

            The first one, the snake bite, is while on your official duties guiding the school group during school time.  The second one is while you're presumably not being compensated during your shower time.  I'm not disputing your examples, just saying one is actively on-duty, the other is between duties but still on the business trip.

            However, I have been on business trips and I believe my employers (both government and private) have considered me to be available 24/7, to the point where I can't consume alcohol because I might be required to drive somewhere on short notice or I might be required to focus on resolving a customer issue and being under the influence while working would be against policy.  It's just like being on-call while working a normal job and I'm not traveling.  My off-time is not my own, so I should expect compensation.  Maybe the compensation is built into the base compensation for the job, maybe there's on-call duty pay, or maybe there's some other stand-by pay.  While on a trip, I'd consider the food partial compensation, but I'd also want some compensation for catching up at home (e.g. time off to do things that I'd otherwise be able to do on my own time but can't because of the trip, like housework).

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