My husband and I live in Wisconsin, however he works for a company in Arizona. He does a lot of traveling. His work give him outrageous schedules to follow and there are a lot of times that he doesn't get a chance to eat. My biggest concern is that the will have him fly out of Wisconsin at real unreasonable times, example like 5:00am in the morning and catch a flight back from where every he is at 9:00pm at night!

The latest example is that they have him working a full day 7:00am to 5:00pm and then immediately he has to drive for 5 hours to another airport in another state (to apparently save $200 on the cost of the flight) to catch a flight to come home! Most of the time, he will miss his flight because of traffic or the flight being cancelled and he ends up having to stay an extra night in some crappy hotel.

He is paid hourly, and I have told him to put down overtime until he lands on Wisconsin soil, but he won't cause he says the overtime they pay is just not worth it.

Is this legal what his company in Arizona is doing? I havent checked the Wisconsin labor laws yet, but since he works for the Arizona company, I'm assuming he has to follow their laws.

My husband and I live in Wisconsin, however he works for a company in Arizona. He does a lot of traveling. His work give him outrageous schedules to follow and there are a lot of times that he doesn't get a chance to eat. My biggest concern is that the will have him fly out of Wisconsin at real unreasonable times, example like 5:00am in the morning and catch a flight back from where every he is at 9:00pm at night!

The latest example is that they have him working a full day 7:00am to 5:00pm and then immediately he has to drive for 5 hours to another airport in another state (to apparently save $200 on the cost of the flight) to catch a flight to come home! Most of the time, he will miss his flight because of traffic or the flight being cancelled and he ends up having to stay an extra night in some crappy hotel.

He is paid hourly, and I have told him to put down overtime until he lands on Wisconsin soil, but he won't cause he says the overtime they pay is just not worth it.

Is this legal what his company in Arizona is doing? I havent checked the Wisconsin labor laws yet, but since he works for the Arizona company, I'm assuming he has to follow their laws.
Is his schedule legal? Yes.

Regarding his pay, he can put down all the overtime he likes, but legally, the FLSA only requires that he be paid for travel on a place, bus, train, that occurs during his regularly scheduled work hours when travelling "away from home community" (which includes an overnight stay). However, this does include such travel on a nonscheduled work day, such as the weekend.

http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_785/29CFR785.39.htm

Does he ever drive to customers in your state and stay overnight? Does he ever have a special one-day assignment in a distant city where he flies in the morning and flies home the same day?

And sometimes, a rotten job is just a rotten job. I "road-warriored" for 5 years and I eventually burned out on it, so I'm not unsympathetic. I was exempt, so I didn't get paid any extra for travelling on weekends, getting home at 1 a.m., etc., but I did get bonuses.

And, assuming he is based in Wisconsin, Wisconsin laws apply although, in this case it's irrelevant, because such a schedule wouldn't be prohibited in any state for general occupations.

So if I am understanding you correctly pattymd, If he is done with his job at 5:00pm. His job is not required to pay him for overtime travelling to the airport for 5 hours?

Guess we will have to chalk this one up to a "rotten job".

His job is not required to pay him for overtime travelling to the airport for 5 hours?

If he drove himself from one city to another to catch the plane, that time is compensable.

If he was a passenger AND the travel time was outside the "normal" work hours for the day, then he would not have to be paid for the time.

If he drove himself from one city to another to catch the plane, that time is compensable.



Are you sure, Scott?