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benry
01-26-2009, 06:01 PM
My wife is an hourly worker and she is being asked to fly to KY for work. She is flying out on a Sunday and back on a Friday. They said that they are not going to pay her for her travel time. I was wondering what the laws are about this. Her normal workday is Mon-Fri from 8A-5P. SHe is also being told to take a 4 hour layover on the way back to save $30 on a faster flight. I know that there isn't anything wrong with that, but it's just stupid. thanks for any help.

DAW
01-26-2009, 06:56 PM
http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_785/29CFR785.39.htm

29 CFR 785.39 - 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 worktime when it cuts across the employee's workday. The employee is simply substituting travel for other duties. The time is not only hours worked on regular working days during normal working hours but also during the corresponding hours on nonworking days. Thus, if an employee regularly works from 9 a.m. to 5 p.m. from Monday through Friday the travel time during these hours is worktime on Saturday and Sunday as well as on the other days. Regular meal period time is not counted. As an enforcement policy the Divisions will not consider as worktime that time spent in travel away from home outside of regular working hours as a passenger on an airplane, train, boat, bus, or automobile.

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