Fixingcowboy
07-19-2006, 08:31 AM
:confused: I'm confused on this and could use clarification. I live in central Indiana and work for a company based in northern Utah so things might get a little muddy. I install and maintenance accordion doors and operable (moveable) walls. I use my own vehicle and tools and am compensated at a rate of $0.43 per mile. I routinely (read up to 5 days a week) travel to the Chicago, IL area for daily work. The company has set standard travel allowances for the Chicago area at 300 miles per trip. I frequently must drive a longer distance than that to get to and from the job site but am not paid for the mileage in excess of the pre-determined limit. I have also traveled to MO, NY, NC, KY, KS, OK, AR and other locations in IL. At no time have I been paid for any of my travel time while driving to or from a job site. Should I be paid for this time? I hope I have given enough information to answer the questions; Am I entitled to further compensation and if so do I have a case for recovering past entitlements? Thank you for your time and assistance. :o
Pattymd
07-19-2006, 10:19 AM
There is no law in your state (Indiana law applies, since that is where you are based) nor any other state except California that requires the employer to reimburse you for mileage at all. So capping the mileage reimbursement is perfectly legal; it's more than the law requires.
Now, regarding your travel time, I'm assuming this is a one-day assignment? Or stay overnight? Here's the FLSA regulations regarding both:
http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_785/29CFR785.37.htm
http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_785/29CFR785.38.htm
http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_785/29CFR785.39.htm
If you have further questions after reading these, please post back.
Fixingcowboy
07-19-2006, 12:49 PM
Thank you for such a quick reply PattyMD. I read over the sites you gave me and it shone a little light on what I was confused about. The "Travel that is all in a days work" site refers to having a base of operations to work out of other than your home. If this is not the case and I travel from home to job-site to home, sometimes encompassing a 17 hour day, does this also apply? :)
Pattymd
07-19-2006, 01:12 PM
Your home WOULD be considered your "home work location".