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Overtime pay while traveling

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Suzanne54

Active Member
VA - Traveling from one side of the country to another is not a big deal in my company. However, we do travel all over the world. This takes time and sometimes a whole lot. From VA to Guam can be 22 to 28 hours. I found in subparagraph 785.40 of 29 CFR V Ch. V the statement "Regular meal period time is not counted." Am I allowed to take 3 hours off that time? I too hate to fly, but I am not working, I am reading a book or more importantly, sleeping. Maybe I am just jealous that these employees are going to exotic places that I have never been. But again, I am trying to look out for the company's profitability.
 


LdiJ

Senior Member
VA - Traveling from one side of the country to another is not a big deal in my company. However, we do travel all over the world. This takes time and sometimes a whole lot. From VA to Guam can be 22 to 28 hours. I found in subparagraph 785.40 of 29 CFR V Ch. V the statement "Regular meal period time is not counted." Am I allowed to take 3 hours off that time? I too hate to fly, but I am not working, I am reading a book or more importantly, sleeping. Maybe I am just jealous that these employees are going to exotic places that I have never been. But again, I am trying to look out for the company's profitability.
One thing that has been discussed on these forums previously is that employees should be paid for travel time that falls during their normal working hours. So, if from VA to Guam its 22 to 28 hours then at least 8 of those hours should be paid hours, because at least 8 of those hours (if not more) would fall during normal working hours.
 

PayrollHRGuy

Senior Member
From
https://www.dol.gov/whd/regs/compliance/whdfs22.pdf




Travel Time: The principles which apply in determining whether time spent in travel is compensable time depends upon the kind of travel involved.

Home to Work Travel: An employee who travels from home before the regular workday and returns to his/her home at the end of the workday is engaged in ordinary home to work travel, which is not work time.

Home to Work on a Special One Day Assignment in Another City: An employee who regularly works at a fixed location in one city is given a special one day assignment in another city and returns home the same day. The time spent in traveling to and returning from the other city is work time, except that the employer may deduct/not count that time the employee would normally spend commuting to the regular work site.

Travel That is All in a Day's Work: Time spent by an employee in travel as part of their principal activity, such as travel from job site to job site during the workday, is work time and must be counted as hours worked.

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.
 

Suzanne54

Active Member
I definitely agree about the 8 hours and probably the other hours because they are captive. He is not salaried, but he probably should be. But then I am sure he would quit since he has been getting it for so long.
 

PayrollHRGuy

Senior Member
I definitely agree about the 8 hours and probably the other hours because they are captive. He is not salaried, but he probably should be. But then I am sure he would quit since he has been getting it for so long.
What "other hours" if he is in an aircraft and not flying it the DOL is pretty clear that he doesn' have to be paid unless it is during his normal hours.
 

Suzanne54

Active Member
What "other hours" if he is in an aircraft and not flying it the DOL is pretty clear that he doesn' have to be paid unless it is during his normal hours.
Can you point me to where that is? I would like to share that with my employer and the employees. Then maybe they will stop whining(doubtful).
 

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