Compensation for driving from one position to another position

We employee a hand full of people who work two jobs for us at two different pay rates. When primary job ends (8am-4pm) they travel up to an hour to get to the next location where they do a different part-time job (5pm-10pm). We do pay them overtime at a weighted average for the time worked at both positions. We also reimburse mileage for the travel distance. Do we also need to pay them for the travel time?

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  • Mark M you may already be in the need to get this issue clarified very quickly. Based on what you provided in your posting, it appears one company with two positions and one employee within the same work week for the same company is or maybe shorting the employee O/T pay! A real Danger Zone in our world. 8 hours on monday w/30 minute lunch break is 7.5 hours at regular pay followed by a required 1 hour of driving time is 8.5 hours, followed by 5 hours with no meal break is 13.5 hours of regular pay for Monday. 13.5 hours for Tuesday, 13.5 hours for wednesday is now 40.5 hours. Hours worked on Thursday and Friday should be at O/T hours rate of pay for hours worked in the 1st position and O/T rate of pay for the hours worked in the 2nd position. The details of this portion of the law is very confusing. It reads like you are to consider all hours worked at a combined rate of pay and calculate the O/T, accordingly. For the 1st position your regular rate is $8.00 per hour and the 2nd position is $6.00 per hour and the driving time to get to the next work site is at which rate of pay? I belief the 1st position rate of pay becaused he has not been relieved of work with a rest break. You wrote you gave him 1 hour to drive he stops at 4:00PM and starts again at 5PM. By the way he is due another required meal break for (rest) after 6 hours. Which means he can not start until 5:30PM. All minutes over 480 minutes of work in one work week are O/T minutes. I believe the W & H folks will say you must caliculate every hour worked on behalf of your company on Thursday, Friday, Saturday, and Sunday is at $10.50 per hour.

    For that money hire another person in the other area for 32 hours a week and get out of the way of liability and endangerment and wage and hour issues and OSHA ISSUES. What a nightmare, Holler HELP to wiremanufacturing for his controller answer to this risk management/payroll/safety/ and HR/controller issue!

    Don't you just love this medium for gaining an education. I normally can give you the paragraph section number to anser this concern, but I must admit this was a first in my 25 year HR history. My advice hire another person!
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