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Mike 09-27-2012 10:52 AM

DOL(Department of Labor)
 
I need someone to do some digging on Dpt of Labors website as far as travel is concerned. I'm suppose to make a 6.5 hour trip from the office tomorrow morning for a 2 week business trip. I have the option of taking my own vehicle down and back or riding down in a company van with other guys. Either way, we are only paid for 3 of those hours per company. Can someone shed some light on the legality of this situation? I'm under the impression the employer must pay you for the entire trip made. I'm not salary, just hourly paid.

jwfirebird 09-27-2012 11:29 AM

law says if you arent salaried you have to be paid any hour you work

OVERVIEW

The U.S. Department of Labor (DOL) administers several laws that affect the wages and hours of covered workers. The Fair Labor Standards Act (FLSA) requires payment of no less than the federal minimum wage for each hour worked and time and one-half the employee's regular rate of pay for hours worked in excess of 40 in the workweek for non-exempt workers. The federal minimum wage for covered, nonexempt employees is $7.25 per hour effective July 24, 2009. The FLSA also provides for the employment of certain individuals at wage rates below the minimum wage. There is also a special minimum wage which applies to youth under 20 years of age for 90 calendar days after they are first employed.

Compliance Assistance By Topic - Wages and Hours Worked

ymmot04 09-27-2012 02:23 PM

Mike,

This looks to be the information you are looking for, specifically the Travel Time section at the bottom.

Paying Employees Who Are On Call or Traveling for Business | Nolo.com

It sounds to me like since this is an overnight trip, they are required to pay you for time spent traveling if it falls within your regular work hours, even if those hours are on a weekend and you don't normally work on the weekend. It also sounds like it's not an exact science, and the 3 hours they are paying you for are a pretty good compromise, better than nothing right? Especially if you are just along for the ride and not driving your own vehicle.

Mike 09-27-2012 05:15 PM

Because we have revolving weekends, ie, 5 on, 2 off, 5 on, 3 off, 5 on 2 off, we don't really have a normal weekend calendar like everyone else that works M-F. So, I don't think that part would be related.

I found this just now and hopefully I can use it.
U.S. Department of Labor - Wage and Hour Division (WHD) - Fact Sheet

Quote:

Travel Away from Home Community: Travel that keeps an employee away from home overnight is travel away from home. Travel away from home is clearly work time when it cuts across the employee's workday. The time is not only hours worked on regular working days during normal working hours but also during corresponding hours on nonworking days. As an enforcement policy the Division will not consider as work time that time spent in travel away from home outside of regular working hours as a passenger on an airplane, train, boat, bus, or automobile.

jwfirebird 09-27-2012 05:19 PM

as long as you have regular hours like 9-5 and travel any day between those hours it should apply

Mike 09-27-2012 05:21 PM

LOL, my hours are normally 630am to 630pm and beyond sometimes.

jwfirebird 09-27-2012 05:24 PM

just as an example.lol

i work 6-430 officialy. but sometimes not night before last i worked from 1030 tuesday night to 3ish wdsy

GunsOfNavarone 09-28-2012 06:45 AM

Be smart in the battles you pick with your employer and the timing of them. If you are having to work some hours without pay, strategically, one course of action is to log these hours, and bring it up after you leave the firm. Bringing it up while employed might bring unwarranted attention to you. Think of bringing it up after you leave as a deferred savings plan.


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