TRAVEL TIME FOR HOURLY WORKERS

stewarth

A NEW EMPLOYEE HAS TO DRIVE 3 1/2 HOURS ON A SUNDAY TO ATTEND A COMPANY ORIENTATION THE NEXT DAY. BESIDES MILEAGE SHOULD THE EMPLOYEE BE COMPENSATED FOR THE TRAVEL TIME TO AND FROM THE ORIENTATION SITE SUNDAY & MONDAY? WILL THEY QUALIFY FOR OT IF THEY EXCEED 40 HOURS WORKED DURING THE WEEK? THE STATE OF WA PAYS OT AFTER 40 HOURS WORKED.

hhaynal

The general rule under the portal-to-portal act is that an employee travelling to and from work will not be reimbursed for travel time. However, where an employee (e.g. a construction worker)is to report to a site other than the general meeting area, the travel time to that site is compensable time. Where employees are traveling for business seminars, meetings, and the like, are paid for their travel time as well as attendance time. If the weekly hours are in excess of 40, and OT is to be paid for hours in excess of 40 hours in the workweek, then OT must be paid.

In answer to your question, I believe that the employee in your question must be paid for his travel hours on Sunday and if it places him in a position for OT, then OT must be paid. Bear in mind, though, that if the employee deviates on personal business during his "on the clock travel time", the time expended for the personal business can be deducted from the total time for company business travel.

Hope this helps.

MS HR

i think I have to disagree, (but i'm willing to learn if i'm wrong):

i don't believe the travel to the training site on sunday is reimburseable other than for mileage.
(a)if the employee went to the office first and then the work site, it would be.
(b)the travel on monday would be only if during normal working hours.

dynamite9551

The following from the fed regs:
Once an employee reports to work, all time spent traveling as part of the employee's principal activities must be counted as "hours worked". Also, where an employee was required to report to work to receive assignments and then drive to work sites, requires the employee to be paid for the time communting from the home office to the work site. Additinally, travel that keeps an employee overnite is regarded as work time. The travel hours are merely a substituion for the employee's other duties. EX: if normal working hours are 9 to 5, Mon-Fri, travel time during these hours is work time on Saturday and Sunday. However, time spent in travel away from home outside of regular working hours on public transportation, eg (plane) IS NOT considered to be work time. Any work which is performed while traveling must be considered as hours wokred.
Under FSLA, on-th-job training of employees, including newly-hired one, generally must be treated as compensable work time. However, such activities as lectures, meetings, and training programs ARE NOT counted as working time IF the (4) following requirements are met:
(a) Meetings are held outside regular work hours
(b) Attendance is voluntary (if employer REQUIRES the employee to attend, meeting, lecture, etc. time is compensable.
(c) Training IS NOT directly related to employee's job. (Training is considered job-related if it isdesigned to teach employees how to perform their jobs)BUT not if it prepare them for a different job.
(d) Employee DOES NOT perform any productive work while attending the course or meeting.

Sorry, for the length but since we got nailed on travel time - we now cross our i's and dot our t's.

We implemented a policy for service techs that when traveling during the regular business time, (8to5)this is part of their job; however, all other travel is paid at straight-time; hours worked over 40 is then at 1-1/2. Also, a key note: according to the DOL - when employees are traveling together in a car - only the driver has to be paid for travel!

If any questions, check with your local DOL they have been very willing to answer questions.

hhaynal

Dynamite job, Dynamite9551! Your point referenced below is the one I was, albeit woefully inadequate, attempting to get across that if an employee is required to attend an employee orientation program, and they were traveling on a non-work day, the time was still compensable.

(if employer REQUIRES the employee to attend, meeting, lecture, etc. time is compensable.)

You took a lot of time and put forth more effort in your response and it shows. Good job.

ray a

Simplifying Dynamite's post, any travel time that occurs during the ee's regular scheduled work hours, regardless of which day it is, is compensable, if the travel is related to required work activities. So, in this case, the ee should be compensated for the travel time at their normal hourly rate.

Sally

Okay--so I have an employee who is not required to attend a monthly business group meeting but her supervisor agrees to let her attend because in the long run it will benefit the department, and she goes straight from her home to the meeting (does not pass Go, Collect $200, or stop in the office), is her driving time TO the meeting compensable? If not, is she considered on the clock once she arrives at the meeting and starts networking, or is she not on the clock until the meeting starts? The time driving from the meeting to the office is then compensable, right?

Don D

Sounds to me like she's 'being encouraged' to attend for the sake of the business, under some illusion that she's going out of the goodness of her heart for the sake of self-improvement. It would be pretty chinchy to try and get out of paying the employee.

Sally

It
>would be pretty chinchy to try and get out of
>paying the employee.


Sally Pettegrew

"Chinchy" is one of the nicer words I would use to describe the employee's supervisor....
Thank you for your response!

pork1

IF THE COMPANY IS GOING TO BENEFIT, THEN PAY THE EE! Employee relations and caring for the ee is best handled in the positive. The company would not be making the arrangements and paying for the education, if it is not going to benefit. The passenger in another person's car can sleep and rest while traveling and no pay is due; unless, the passenger has to work in preperation or to service the car, or fix a flat tire, or pump the gas. My spouse knows how to drive and spend, but if she was to have a need to do anyone of the above, then another ee would have to do those things for her or be stuck on the side of the road! The passenger ee would need to turn in the time he/she spent doing these things on behalf of the company.

PORK

njjel

Our hourly employees are paid for all travel they do. Our salary employees are given time off for good behavior (in other words if a salaried ee travels 4 hours in a week to go to a remote office, then come Friday, they may leave 4 hours early)if they choose to do so.