Originally Posted by esa17

If he flies the plane he gets paid his wage for his general duties.

If he doesn't fly the plane he gets paid his wage for his general duties.

This is no different than a traveling technician who is on a salary. He can fly all over the country for his job and even though he is paid a salary of X-amount per a 40hr work week which is generally 9 - 5. That doesn't violate any FARs, like a demo pilot for example. He can demo the plane to an owner and not pay for the time...blah blah blah. Otherwise he would have to fly after 5 or before 9 since he's "getting paid while flying".

Bottom line, since he would get paid if he didn't fly that means the pay is incidental to the flight.