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  • jsr0928
    started a topic Travel Time between clients?

    Travel Time between clients?

    I work for a healthcare agency doing in home healthcare. I am required to travel between client's homes during the day. I am scheduled for client A from 9 a.m. to 10 a.m. then client B from 10 a.m. to 11 a.m. No travel time is allotted on the schedule. I must leave from client A at 9:45 so that I arrive at Client B at 10:15 a.m. My time sheets are filled out as .75 hours at client A and .75 hours at client B.

    I am not paid for travel time between clients, but I am required to have proper insurance for my vehicle, because it is being used in the course of my employment. Shouldn't I be paid for the travel time between clients? Throught the course of an 8 hour day, I may spend 2 of it travelling and thus am not paid for my time.

    Also, please note that this company is federally compensated for the home healthcare (Medicare/Medicaid/Welfare)

    Thank you for your reply. ..jsr
    Last edited by jsr0928; 03-25-2009, 06:01 PM.

  • oldrog
    replied
    Thanks for the information (sorry missed date on post), and man am I glad we're not in home health care field!!

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  • cbg
    replied
    This post is from back in April, and I'm sure the situation has been resolved one way or another by now.

    For the record, the current IRS rate is fifty-five cents a mile. However, the law does not require that employees be reimbursed at the full IRS rate, and as already noted, in 48 states the law does not require that the employee be reimbursed at all.

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  • oldrog
    replied
    29 cents a mile is very low mileage compensation. Last time we figured it at 55 to 60 cents a mile. An no, it is for the use of your car, not including your time. If this is widespread practice in the home health field (not our field), then I'm surprised they ever find any help!! Sorry for you!!!

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  • DAW
    replied
    http://en.wikipedia.org/wiki/At-will

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  • Pattymd
    replied
    "At will" has nothing to do with compensation or the FLSA in general.
    google it. You'll get lots of hits.

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  • cbg
    replied
    An at-will employee is anyone in any state but Montana, and some employees in Montana, who does not have a contract of employment for a specific time period.

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  • jsr0928
    replied
    "At Will" Employee not paid travel time?

    I have been making quiet inquiries into the travel time issue and have been told that as a Home Health Aide, I am an "At Will" employee and not subject to reimbursement for travel time. Does anyone know where I might find a definition for an "At Will" employee, in Missouri or Federal Labor Laws?

    Thank you for all of your help!

    jsr

    Leave a comment:


  • DAW
    replied
    Hard to say. There are exactly two states which have a labor law requirement to reimburse mileage, neither of which are your state. An argument can be made that federal law (FLSA) requires that minimum wage and overtime must be made paid "free and clear" of most other obligations. If you are being paid very close to minimum wage there is a chance that this might be an issue. If not, then there is basically no labor law requirement that mileage ever be paid.

    Past that, I am not your employer and I have no idea what your employer's intent was. Your argument is not a bad one, but a "not bad" argument is not legally binding on anyone. The employer could try making the argument that the mileage payment should be applied to actual labor law obligations. I have no idea how a judge would view that argument, particular since exactly the same argument made to more then one judge would probably have different responses.

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  • jsr0928
    replied
    Is pay for mileage considered compensation for travel time?

    I was discussing the previous answer with my other half and he pointed out that mileage is paid, so maybe that is the travel compensation.

    Is the .29/mile compensation for my travel time? or is it compesation for the wear and tear on my vehicle? I pay for my own fuel, new tires, servicing, insurance, etc., to ensure that I am able to travel from client to client. I thought that the mileage compensation was for this, not for my time.

    Thank you in advance-jsr

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  • jsr0928
    replied
    Thank you! Thank you very much!

    Thank you very much for the information! I really appreciate the reply!

    jsr

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  • DAW
    replied
    I can give you the pointer to the general rule. As far as I know it is applicable to your situation. However, to be clear you are in a very different industry that anything I have dealt with and if there is some exception specific to your industry, there is no chance that I would have heard of it. Still, the general rule supports you and the legal burden of proof is on the employer to show that an exception exists (assuming that one actually does).

    http://www.dol.gov/dol/allcfr/ESA/Ti...9CFR785.38.htm

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