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  • Hawaiian
    started a topic question


    Originally posted by ScottB View Post
    If you are a passenger (as would be the case if you are flying, unless you are the pilot), you need be paid ONLY for the time that you would normally have been at work, even if the travel is on a day that you would not work.

    So, your work day is 8 am to 5 pm with an hour for lunch. Your fllight leaves at 6 AM and arrives at 8 AM. No pay required for the travel.

    When you are at the conference or trade show, you need only be paid for hours worked. You do not have to be paid for the day.
    So what if the normal 8hr work schedule with lunch is from 7AM to 3:30PM and your flight including stop overs is from 7AM to 8PM? Will there be some overtime or not?

    And since it will be tough trying to schedule a flight on the exact time as your normal work hours, is it possible for employers to adjust it accordingly to match with your flight? Is this employer specific?

  • DAW
    I can cite the related regulation. Only the time spent traveling during your normal time worked is considered travel time because that is what the regulation says.

    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 work time 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 work time 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 work time that time spent in travel away from home outside of regular working hours as a passenger on an airplane, train, boat, bus, or automobile.
    Next, you are assuming that travel time is overtime. It is more accurate to say that travel time may be time worked (depending on the above). Overtime is a function of all time worked in the workweek past 40 in the workweek.


    In the future, could you please not add your new question to someone's old thread? The people who run this board would (strongly) prefer that you just start your own thread. Also, I am assuming that you are Hawaii (since that is the thread you hijacked). If that is incorrect, then maybe so is my answer.

    Moderator - could you please move this to it's own thread? Thank you.

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