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Yet Another Travel Time Question Ohio

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  • Yet Another Travel Time Question Ohio

    Here's an interesting situation that I'd like your opinions on.

    We're consolidating two business units into one and will be offering positions to some in the new consolidated BU. The new office is 80 miles from the old office. For most, this will add an extra 3 hour commute to their day.

    If the EEs don't accept the offered position, we will be giving them a severance based on our policy. For some non-exempts, we want them to stay on for a 30-60 day transitional period as a condition to receiving their severance but they will have a new commute. During this transitional period, we'll be paying them double their normal pay plus mileage & gas money. They will be driving their personal cars.

    Do we also have to count their new, temporary commute time as work time? The regs talk about "normal" commutes but is it reasonable to say that their new normal commute is the 80 miles one-way?

    Thanks for your comments!

  • #2
    Probably not. The general rule about commute time would still apply; the regulation does not state a mileage limit or provide exceptions for a temporary work site (and arguing this was temporary would be a long shot anyway, since there will be no "regular" site that they will return to when this period is over).

    I think you're being more than generous already. Shoot, they could afford a motel a couple of nights a week.
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    • #3
      Travel Time

      Thanks, Patty. I hadn't thought of the hotel option. I'll be sure to pass that one along.

      That was my inclination too...i.e. that we were being very generous already. We're a teeney bit worried that we are tying their severance to completing the transitional period but then, on the other hand, we're not required to offer a severance anyway.

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      • #4
        Requiring that the transitional period be completed in order to be eligible for severance is, actually, the norm.
        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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        • #5
          Just as a personal anecdote, we did something similar in 1993 at a company I worked for in California which moved my area in total to Texas. We structured it so that extra pay for staying through the transitional period was paid when it was completed, not as they went. If we asked you to stay for 3 months and you did, you got 3 months pay at the end. If we asked you to stay for 3 months and you quit after two, you got nothing except the severance pay, which you would have received anyway.
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          • #6
            Thanks!

            You are are the best!

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