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View Full Version : Louisiana travel time questions (2)


curtm
06-13-2005, 07:52 AM
I am required to travel away from home and overnight for work.
Currently all travel time is considered flat hourly rate.
Meaning Monday we go to office load up and drive company vehicle between 2-8 hours depending on job work till Friday drive back 2-8 hours.
This variable drive time is not overtime. I worked 91 hours in the last pay period. 11 hours was considered travel time and I was not paid overtime for it.
Is this fair and legal?

The second part involves flight time.
I am also required to fly out of town to work.
I leave my home, go to the airport and fly to Boston to work, typically 4 hours there and 4 hours back, in on Monday out on Friday. This time is also considered flat rate and does not count toward my overtime pay.
Is this fair and legal?

I called Louisiana's department of labor and was not helped at ALL!
They actually told me I shouldnt be paid for any travel time at all...
Thank you for any help and guidance.

LConnell
06-13-2005, 09:29 AM
Are you an exempt employee? If so, the state is right, additional pay is not necessary. If you are non-exempt, there are very clear guideliness as to what time should be paid. You can read about them at: http://www.dol.gov/esa/regs/compliance/whd/whdfs22.htm

curtm
06-13-2005, 11:08 AM
I can not find the appropriate table to decided if I am exempt or not. From Memory I am considered non-exempt.
We design and install commercial sound systems in various locations, in effect construction work.
And I know personally I am paid below the 455.00 dollars a week cap.
My interpretation of the DOL Fact sheet #22 is.

Time spent traveling outside of regular working hours is not coverd as possible overtime pay,UNLESS I am traveling within the designated working hours they should be applied to overtime pay scale.

Sorry if I am diving to indepth but I feel a battle coming to communicate this to my employer.

Thank you again.

LConnell
06-13-2005, 12:24 PM
I'm not sure if I understand your question. The time you spend loading and unloading is considered work time. If that work is outside of normal work hours, you must be compensated for that time plus your regular work hours. If the work is within the regular work hours, you do not need to be paid extra for that time.

Overtime is only required for hours worked over 40 in the week.

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