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stv
10-28-2006, 04:33 AM
My question concerns payment of overtime in Illinois for work related travel.

I am an hourly employee required to punch in and out when working at the company location (Illinois). My normal hours are 8:00 AM to 4:30 PM. My commute time is less then 15 minutes.

I am required to travel nationwide two or three weeks a month to install the product we produce. When traveling all travel arrangements are made without my involvement. I may start traveling at 5 AM working at the account until 6 PM (local time), work several eight-hour days and then return home often at midnight. On most trips I am working two 12-18 hour days when traveling and 8-10 hour days when not traveling.

Regardless of the time I spend getting to the airport or waiting for the departure, my employer only considers my work day as 8:00 AM to 4:30 PM.

My question is: should I be compensated for the time I am traveling?

ScottB
10-28-2006, 05:39 AM
If you are travelling as a passenger outside your normal work hours, you are not required (except for California) to be paid for your time.

Travel as a passenger during normal work hours is paid.

Travel as a driver, even outside normal work hours, is paid.

Pattymd
10-28-2006, 05:41 AM
And what ScottB says is true even if the travel occurs on a nonscheduled work day, as long as the hours coincide with your scheduled work hours for a regular day of work.

stv
10-30-2006, 04:26 AM
Thanks for the quick reply. Would either of you be able to tell me what governs this aspect of employment? Theoretically an employee (except in California) could be required to travel 16 hours a day and not be paid for any of the time. This just doesn’t seem right. Thanks in advance.

Pattymd
10-30-2006, 04:30 AM
Sure.
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
http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_785/29CFR785.40.htm
http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_785/29CFR785.41.htm

Now, aren't you sorry you asked? ;)

But yes, it's exactly the way you state it. Some employers do more than the law requires; others just the bare minimum.

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