Announcement

Collapse
No announcement yet.

How should my job have been classified? Maryland

Collapse
This topic is closed.
X
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • #16
    In regards specifically to the travel time, my home office was in Maryland but I was sent out of state on multi-day assignments. If I were a non-exempt employee would any of these apply?

    On-Call Time: An employee who is required to remain on call on the employer's premises is working while "on call." An employee who is required to remain on call at home, or who is allowed to leave a message where he/she can be reached, is not working (in most cases) while on call. Additional constraints on the employee's freedom could require this time to be compensated. I was told I had to remain in the city they sent me over weekends and holidays without pay, so that I would be available to perform work on the regular working days.

    Travel That is All in the Day's Work: Time spent by an employee in travel as part of his/her principal activity, such as travel from job site to job site during the workday, is work time and must be counted as hours worked. Most of my actual travelling time occured during the regular work day. It does not specify how close the other job site must be to be considered.

    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 time is not only hours worked on regular working days during normal working hours but also during corresponding hours on nonworking days. As an enforcement policy the Division 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. This seems to state that the time spent travelling IS considered if it occured during the work day, regardless of the method of travel used. However being a passenger outside of the regular work day is not included as working hours.

    I am interpreting these all correctly?

    Comment


    • #17
      On-call time, no not that I can see. Just because you're in another city and subject to being called doesn't, in and of itself, make the time compensable.

      The others, yes, you've pretty much got it.
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

      Comment


      • #18
        Originally posted by Pattymd View Post
        On-call time, no not that I can see. Just because you're in another city and subject to being called doesn't, in and of itself, make the time compensable.

        The others, yes, you've pretty much got it.
        Ok thanks Patty! I'm just trying to figure out how much pay is actually owed me under each classification. The confusing part that I am starting to work out is that the company sort of picked and chose which rules they wanted to apply, Hourly, but no overtime and billable hours only, not actually worked hours. Exempt, but no salary.

        Just trying to get me ducks in a row before I take the big step of actually submitting that I am owed unpaid wages and make sure that I have the proof to back it up. For instance I have timesheets, but since they don't record my travel hours during the work day because I was told I could not include them, the timesheets don't tell the whole story.

        Comment


        • #19
          One other question. When dealing with the travel hours only the times that fall within my regular workday hours can be considered work hours. But what are my regular hours determined to be if during the entire course of my employment I was required to be on job sites at different times? And how do time zones play into this?

          Comment


          • #20
            Originally posted by brianmd View Post
            One other question. When dealing with the travel hours only the times that fall within my regular workday hours can be considered work hours. But what are my regular hours determined to be if during the entire course of my employment I was required to be on job sites at different times? And how do time zones play into this?
            You usually have some "regular schedule", for example, when you're not at a client site. With different time zones, you just convert it back to your home time zone.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

            Comment


            • #21
              Originally posted by Pattymd View Post
              You usually have some "regular schedule", for example, when you're not at a client site. With different time zones, you just convert it back to your home time zone.
              Sorry I sorta slipped the time zone thing in there. What I actually meant was if I was in the act of travelling from my home time zone at 3 pm, and it takes me 10 hours to get to my destination, but in that process the time zone changes keep taking my current time back to fall within my regular work schedule, can those hours be included as worked hours?

              Comment


              • #22
                If it took you 10 hours to get drive there, it would count as 10 hours of work no matter what the clock reads at any given point in the journey.
                I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

                Comment


                • #23
                  Originally posted by ElleMD View Post
                  If it took you 10 hours to get drive there, it would count as 10 hours of work no matter what the clock reads at any given point in the journey.
                  10 hours to fly. Sent from New York to Alaska...

                  Comment


                  • #24
                    Originally posted by brianmd View Post
                    10 hours to fly. Sent from New York to Alaska...
                    I have nothing more to add, but
                    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                    Comment


                    • #25
                      Originally posted by Pattymd View Post
                      I have nothing more to add, but
                      Yeah I think you are all getting the sense of how screwy this was.

                      Just another related question. The job I was hired to perform was as a sub-sub-contractor for the Federal government. Does this in any way effect all of the above non-sense?

                      Comment


                      • #26
                        Nope. Nada.
                        I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

                        Comment


                        • #27
                          Can of worms

                          Originally posted by brianmd View Post
                          Yeah I think you are all getting the sense of how screwy this was.

                          Just another related question. The job I was hired to perform was as a sub-sub-contractor for the Federal government. Does this in any way effect all of the above non-sense?

                          It could, if you fall within the service contract act. See http://www.dol.gov/compliance/guide/sca.htm

                          The SCA is truly another can of worms too detailed probably for discussion. You should contact an attorney.

                          Comment


                          • #28
                            Originally posted by Jim_in_Maryland View Post
                            It could, if you fall within the service contract act. See http://www.dol.gov/compliance/guide/sca.htm

                            The SCA is truly another can of worms too detailed probably for discussion. You should contact an attorney.
                            Thanks everyone, I am going to be contacting my attorney this week. I appreciate all of your advice on this subject, it certainly helped me to figure out what if any course of action was next.

                            Comment


                            • #29
                              It appears that the SCA is applicable, if as noted above, you are a sub sub for a federal agency contract. If SCA is applicable, then there is a wage determination (WD), issued by Wage Hour, that explains the pay rate for all non-exempt employees. Only non-exempt employees are listed in the WD, inlcuding vacation, holiday,and fringe benefits. Contact the nearest Wage Hour office and thay can help you sort out what is owe to you in overtime, if any.
                              ========================================

                              "A veteran - whether active duty, retired, national guard, or reserve - is someone who, at one point in his or her life, wrote a blank check made payable to The 'United States of America', for an amount of 'up to and including my life.'" (Author unknown)

                              Comment

                              Working...
                              X