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Two questions..

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Ziggy2002

Junior Member
What is the name of your state?What is the name of your state? PA

1) *My father just called me on the phone asking me to ask this question so I hope I get it right.

He is an hourly employee, works M-F with MOT on Saturdays occationally.
His question is: With the Labor Day holiday comeing up he and his co-workers will be off. To make up for the 'lost time' they have been informed that they will have to work 9 hours a day plus 5 hours Saturday starting the day after Labor Day. A total of 41 hours actually worked. Only one hour will be considered overtime.

So as I understand it, He is asking - Does regular holiday pay go towards or be considered overtime in a 40+ hr (actually worked) workweek?

My second question is for me.

I work for a company that requires us to travel using our own vehicles. After the first 60 miles to and from a given location (which is uncompensated) we get 5.15 an hour AND 27 cents a mile.

This company was recently bought out by another similer company. On our work website we have recently been informed that we will no longer be paid mileage (or 'JSA' as they term it..?) but will now recieve overtime on the travel time incompassed within the reguler hours worked. (they make it seem as if they are doing us a favor) Asside from the fact that, looking at my pay stubs from the past, it looks as tho my travel time was ALREADY being counted toward my reguler hours worked AND I was recieveing mileage as well, my question is:

While I realize the Corperate gods on their mount Olympus can change the format in which we get paid at their whim (including elliminating hrly and milelage BOTH if they so choose). However IF they are compensating us for travel time, thus implying that we ARE 'on the clock', would they not be required to consider travel time as part of overtime in a 40 hr work week?

The sad thing is I LIKE this job, but with the price of gas riseing like it is, there are some weeks (when i work 5-6 days but never travel over 60 miles one way in that given day) that I am almost PAYING to go to work. Its like adding insult to injury. If this IS all legal then I guess I will just be foreced to find another form of employment (which I am loathe to do), but the cost of living is merciless.

Thanks for any imput on the matter.
Ziggs
 


pattytx

Senior Member
1. No state of federal law requires an employer to consider pay for time off (such as holiday, vacation, sick) when calculating whether overtime is due, although some employers voluntarily do it. What your employer is doing is not in violation of any wage and hour law.

2. If the travel time is from one job site to another, or from office to first job site, or last job site to office, those are compensable hours and must be paid. And they must be considered when calculating whether overtime is due. However, they can legally be paid at minimum wage. Relative to the company paying you mileage for the business use of your personal car, there is no law in PA requiring that they do that.
 

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