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  1. #1
    Join Date
    Apr 2003
    Location
    Levittown, PA
    Posts
    818
    I am having a problem with a travel time rule in my company. Let me explain, first off I work from out of my house, the company is actually located several states away from me. I get paid from the time I leave in the morning until I get home. Generally I work 40-45hrs a week. The problem arises when I work any time past my normal 8 they pay me straight time instead of OT calling it travel time.

    If I work a call on the weekend I get paid OT for when I am on site and straight time or (travel time) when I am driving to the site.

    Is this legal?? How do other companies work it??

    I recently changed left my position at another company to take this job and I think i made a big mistake. What do you guys think??
    Sometimes when I consider what tremendous consequences come from little things, I am tempted to think there are no little things!

  2. #2
    Join Date
    Aug 2002
    Location
    Office and warehouse in both Crystal River & New Port Richey ,FL
    Posts
    18,836
    Common in many areas ,but I'd say they are wrong.

    If it was local service area,they could pay from arrival at first call,to departure at last call.So they are paying more,but the distance is a lot more.


    Goggle for ,or check your phonebook for,National or Federal Labor Relations Board,and get the stright story.You may want to remain anonymous,until you get the details and give them a chance to correct it.

    If they are wrong the Board will go back three years and make them pay the 1/2 time for all envolved.

  3. #3
    Join Date
    Apr 2003
    Location
    Levittown, PA
    Posts
    818
    Yes distance is an issue, I cover 3 states in the North East so my travel can be 2-3hrs to each call depending on the location.

    I checked the goverment web sites Federal, in the company's state and mine. Everything I found says exactly what you stated, travel does not have to be paid to the first and from last site. But according to the gov all time is considered payable time at the OT rate when you take a service call after hours or on the weekend.

    Sometimes when I consider what tremendous consequences come from little things, I am tempted to think there are no little things!

  4. #4
    Join Date
    Aug 2002
    Location
    Office and warehouse in both Crystal River & New Port Richey ,FL
    Posts
    18,836
    Originally posted by sparks
    Yes distance is an issue, I cover 3 states in the North East so my travel can be 2-3hrs to each call depending on the location.

    I checked the goverment web sites Federal, in the company's state and mine. Everything I found says exactly what you stated, travel does not have to be paid to the first and from last site. But according to the gov all time is considered payable time at the OT rate when you take a service call after hours or on the weekend.

    My understanding was "local" in area travel doesn't have to be paid.

    Yes,I'd say if they stright time,it should be OT,but if they can drop paying travel ,then your better off with stright time, then no time.I'd call the national labor board and discuss the issue,and distance.

  5. #5
    Join Date
    Apr 2002
    Location
    Omaha, NE
    Posts
    1,561
    Sparks,
    Call the Dept. of Labor's Wage-Hour toll-free hotline(1-866-487-9243)and ask them this question directly. My interpretation of the law is your travel time is work time just like your other work hours, so it would be subject to OT pay under the Fair Labor Standards Act.

    http://www.dol.gov/esa/regs/compliance/whd/whdfs22.htm

  6. #6
    Join Date
    Sep 2002
    Location
    Santa Cruz, Ca.
    Posts
    356
    There are normally employment laws governing employees that work or are dispatched to/from home.

    In most states, since you are working from your house, you are "on the clock" from the time you leave until the time you get back. This time is considered part of your working day and therefore, would be OT if over 40.

    I don't know what state you're in so I can't be more specific.


  7. #7
    Join Date
    Apr 2003
    Location
    Levittown, PA
    Posts
    818
    Thanks for the replies guys.

    I called the # for the wage and hour division in the companies home state. Now I'm just waiting for a call back. I'll keep you posted.

    Sometimes when I consider what tremendous consequences come from little things, I am tempted to think there are no little things!

  8. #8
    Originally posted by Linden Swanson
    There are normally employment laws governing employees that work or are dispatched to/from home.

    In most states, since you are working from your house, you are "on the clock" from the time you leave until the time you get back. This time is considered part of your working day and therefore, would be OT if over 40.

    I don't know what state you're in so I can't be more specific.


    I agree with Linden.

    However, past experience has shown me that employers do not always buy into what the law has to say about how they treat their property.
    (property is being spelled: "E-M-P-L-O-Y-E-E")


    I once worked for a good friend who used to work fro Husman.
    I was driving hours each day. Sometimes 250 miles a day average.
    Stop and go Los Angeles traffic.
    AUGH!!!

    He didnt want to pay for the long arduous drive home.
    His words were: "Husman never paid us for the drive home from last call".

    Fine .. I kept working and didnt make a big deal about it.
    But the truth of the matter was this.... Husman paid benefits up the kazoo whereas he didnt have any benefits whatsoever!
    And his pay scale was UNION when he worked for Husman.
    What he paid us was below agerage scale.


    So it all depends on what you value about your job.

    The stress.
    The paperwork.
    The drive time.
    The time you get to spend with family.
    The amount of time your off to do as you like.
    Etc., etc., etc.




    You may end up right in your arguements over past due wages with your employer.
    But it may end up costing you peace at work and or your job.

  9. #9
    Join Date
    Nov 2004
    Location
    Birmingham Alabama
    Posts
    3
    so it sounds like you work for southeastern building

  10. #10
    Join Date
    Aug 2002
    Location
    Office and warehouse in both Crystal River & New Port Richey ,FL
    Posts
    18,836
    Originally posted by sparks
    Thanks for the replies guys.

    I called the # for the wage and hour division in the companies home state. Now I'm just waiting for a call back. I'll keep you posted.


    So, any word back ??

  11. #11
    Join Date
    Apr 2003
    Location
    Levittown, PA
    Posts
    818
    Yes I did and I was shocked by the answer. I spoke to two people over at the DOL 1 case worker and his supervisor; this is what I was told:

    I and anyone else in a similar situation falls under the interstate commerce exemption for overtime. If the company choose's to use it, it's A big loophole in the ot laws. Basically the exemption is for big rig truckers but can and does apply to anyone predominately working out of state (the state the home office is located), driving and/or while engaged in interstate commerece. So, since I carry parts, do the company’s business out of state and blah, blah blah im screwed.

    It never fails to amaze me, the different ways our own goverment thinks of to screw the middle class.

    Anyway, I made the decision to start looking again. Either that or suck it up.

    I'll just move on.

    Here is the link to that exemption.

    It falls under 2 (B) of the requirements section.

    I wonder how many of us would fall under that exemption law if our employers chose to us it.


    http://www.dol.gov/esa/regs/compliance/whd/whdfs19.htm
    Sometimes when I consider what tremendous consequences come from little things, I am tempted to think there are no little things!

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