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Wisconsin Travel time reimbursement

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  • Wisconsin Travel time reimbursement

    I am an hourly paid Store Manager (not salary). I have to go to a required Manager meeting 180 miles away. I will get mileage reimbursement but my question is shouldn't I also get paid for my drive time? I have to drive over 3 hours each way to go to this required meeting.

  • #2
    Yes, as a driver, you should be paid for the travel time, less your normal commute time.

    If you were travelling as a passenger, you would only get paid travel time during your normal work hours.
    Last edited by ScottB; 10-18-2006, 09:06 AM.
    Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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    • #3
      Is this a law or is it just common practice. I can't seem to find anything to bring to the attention of my company to make them pay me for this time. Thanks for your help.

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      • #4
        Federal law (Fair Labor Standards Act).

        http://www.dol.gov/esa/regs/compliance/whd/whdfs22.htm

        Travel Time: The principles which apply in determining whether time spent in travel is compensable time depends upon the kind of travel involved.

        Home To Work Travel: An employee who travels from home before the regular workday and returns to his/her home at the end of the workday is engaged in ordinary home to work travel, which is not work time.

        Home to Work on a Special One Day Assignment in Another City: An employee who regularly works at a fixed location in one city is given a special one day assignment in another city and returns home the same day. The time spent in traveling to and returning from the other city is work time, except that the employer may deduct/not count that time the employee would normally spend commuting to the regular work site.

        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.

        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.
        Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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        • #5
          another travel time question

          I work for a worldwide computer service company virtually out of my house. My paid hrs are 8-5 but, my employer expects me to travel to my first customer by 8 on my own time, and leave my last customer at 5 to return travel on my own time. I believe that when I open my laptop or get on the
          morning call to get my assignment (at 7:30) or get in the company supplied
          van I'm on the clock.
          Is this legal?

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          • #6
            That is correct. If you are going from your home to your first delivery of the day (and vice versa), that is commute time and is not required to be paid under FLSA.
            http://www.dol.gov/dol/allcfr/ESA/Ti...9CFR785.35.htm
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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            • #7
              my office

              i feel that since my home is my office (they even pay for isp) that my commute time is from bedroom to living room to checking email, get on morning conference call(usually lasting 15+min), checking on parts, and service request for the day. i should get compensated when i leave my office

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              • #8
                You are entitled to feel that way, but just because that's how you feel doesn't mean that the law agrees.
                The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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                • #9
                  No, it doesn't. However, the time you spend at home checking work email, reviewing your schedule for the day, doing paperwork, etc., IS compensable.
                  I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                  • #10
                    Consultant mileage and time

                    I'm a consultant traveling eight hours each week to my client's site, using my personal vehicle. Can I get a mileage reimbursement (for wear and tear on the car) as well as charging for the travel time, or do I have to choose one or the other?

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                    • #11
                      That's between you and your client. However the two of you agree is fine. It is unlikely that as a consultant, you are considered an employee (particularly a non-exempt employee) who is subject to travel time laws, which means it's a matter of what your contract says.

                      Next time, would you mind starting your own thread instead of attaching it to a 10-month-old one?
                      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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