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Travel pay vs Worked Hours Iowa

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  • Travel pay vs Worked Hours Iowa

    I work for a overhead door company in Iowa, they recently made some changes to our pay. They decided to tell us we will not get paid to drive our company trucks to the shop at night, which they require us to do. They also keep track of our drive from job to job and report this on our time cards as "non-tax travel". They also told us the "non-tax travel" doesn't count towards our 40 hours or overtime.


    Today I talked to an ex-employee of the company that stated they did the same thing 3 years ago. He stated that when he left he sued them and received back pay for his time. I took them copies from the Federal Dept of Labor page saying we were entitled to get paid for that time, they told me "Iowa doesn't require travel pay".

    I'm really confused!?!?!?

  • #2
    Based on what you have said, it does not sound legal. Let's verify the obvious stuff first. I am assuming that you are legally an employee and that you are Non-Exempt (someone with a legal right to paid overtime and whom is legally paid based on actual hours worked). Assuming that is true, then there are a group of federal DOL regulations that you need to read in their entirety. Specifically 29 CFR 785.33-785.41. The regulations need to be considered altogether and the facts specific to your situation determine exactly which regulations are more important to the answer. A common mistake is to take a regulation that does not well fit the facts but seems to give the desired answer.
    http://www.dol.gov/dol/allcfr/ESA/Ti...9CFR785.33.htm

    Your state can also have it's own rules (some states do and some states do not), but states cannot make the federal rules go away.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      Thank You

      I showed them the 29 CFR 785.38 - Travel that is all in a day's work. That is when they told me "Iowa doesn't require travel pay." Which Iowa doesn't, but Federal does. Thank you for the link, I printed some more of the travel pay parts (.39 & .41) which also seem to apply.

      My employer thinks this is a quick way to save money, their attitude is "worst case scenario they have to pay it later if sued". Do habitual offenders have to pay any extra?

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      • #4
        Originally posted by Wild Bill View Post
        My employer thinks this is a quick way to save money, their attitude is "worst case scenario they have to pay it later if sued". Do habitual offenders have to pay any extra?
        Possibly. If DOL finds this in an audit, there would be penalties. Of course, DOL does not exactly schedule audits on demand. Past that, your state is not my state, but generally speaking a court action would be more likely to have a damages component then a wage claim filed with state DOL. You could speak to a local attorney on this.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

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