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Travel time question - office in PA, but regularly travel to job sites in NY

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  • Travel time question - office in PA, but regularly travel to job sites in NY

    This is my first post so please bare with me...

    I'm not sure if i'm exempt or not. I was hired (salary) to work with glass related portions of jobs for this manufacturing/installing company. I have my own desk at their main office in PA (to order glass/supplies, receive job updates from Project Managers, etc) but I often travel to different job sites in NY. Sometimes I travel to the same job site (in my personal vehicle, transporting my tools) for weeks at a time, but usually its a different site each day. Most days working in NY are 6-8 hours working onsite + 5 hours travel time. Because most of the tools I use are mine, I rarely have to travel to the office/shop to pick things up in the morning. Now to get to my question... When I travel from my house to a job site in NY should that time be counted towards my work week? Originally I was told to include all travel time on my time sheet (that I email weekly), but now they're telling me that my 56 hour work week is only 34 hours, that travel time does not count. I just want to know for my own sanity if my travel time should count towards my work week.

    Also, I was asked to provide transportation for a coworker to one of these NY job sites...That is definitely "working" travel time, right?

  • #2
    What are your job duties? What kind of tools? What do you use them for? And what is your industry?
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      Originally posted by DAW View Post
      What are your job duties? What kind of tools? What do you use them for? And what is your industry?
      I buy glass, gaskets, and other related items for specific custom jobs- railings, column covers, skylights, canopies, store fronts. Occasionally I order materials for other portions of the job. I organize the glass portions of installs and take part in almost all if them. Some residential work, some commercial... all job sites have a general contractor, so my employer is a subcontractor. My employer also has they're own forman onsite running the job. I have my own drill and hand tools. I also have a stock of company gaskets and caulks in my car.

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      • #4
        Maybe complicated.
        - Buyers can be either exempt or non-exempt, and I do not remember exactly how DOL slices the baloney. I know that a buyer is non-exempt unless some fairly specific things are true. Based soley on what you have said so far, IF you are Exempt, it is under the Administrative exception. You need to take a very hard look at the factsheet I just cited and see if it applies to you.
        - People who do construction type work are non-exempt.
        - The fact that you have elements of at least two different normal job classifications combined is going to make the classification harder.

        You might have to talk to your state DOL to get a hard answer. This is not a simple question. I can flip a coin and say yes or no, but no one in the government cares what I say.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

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        • #5
          To add to DAW's answer, in order to determine whether or not you should be paid for travel time, the first thing to determine is whether or not you are a non-exempt employee.

          Non-exempt employees are paid for all time worked, generally at an hourly rate. This would include time traveled from one job site to another, but not commute time.

          Exempt employees are paid a set weekly wage for all hours worked, and the wage must be at least $455/week. An exempt employee is expected to work until the job is complete, with no expectation of additional pay above and beyond their set wage.

          Read the link DAW provided. If the majority of your job duties are covered by that exemption AND you are paid at least $455 per week, you are most likely exempt, and travel time is a non-issue.

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          • #6
            Thanks for your help

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