Ohio Law Regarding OT vs. Straight Time

[Bigfish]

Hello and thank you for this forum, I've learned a lot already.

My current job requires a great deal of travel and periodic training sessions.

When we're in the office or on a job site the company will pay overtime for any hours worked beyond 8 in one day or for hours worked on weekends.

However, here are the policies and scenarios on travel and training time:

All travel hours are paid out as straight time no matter how many hours are spent traveling and regardless if it's on a weekend, which in not uncommon. I had a recent trip requiring me to accumulate about 16 hours of travel on a Sunday which kicked off a week in which I traveled a cumulative of another 30 hours of drive time. All of these hours were paid as straight time.

Similarly, training time is all paid as straight time despite the fact that training sessions are mandatory and necessary to maintain certain certifications. For instance, we had several employees that had put in upwards to 60 hour weeks then were mandated to travel to our regional office to attend a 10 hour training session on a Saturday. The travel and the entire day were all paid as straight time.

Is this allowable in Ohio? What statute specifically speaks to overtime issues?

[cbg]

Ohio follows Federal regulations on overtime, which means they are only required to pay overtime for over 40 hours worked in a week. They are not required to calculate OT on a daily basis, or pay OT for working on weekends.

I'll let Patty address the travel issues.

[Bigfish]

Originally Posted by cbg

Ohio follows Federal regulations on overtime, which means they are only required to pay overtime for over 40 hours worked in a week. They are not required to calculate OT on a daily basis, or pay OT for working on weekends.

I'll let Patty address the travel issues.

Thanks for the quick reply!

I'll await Patty's response to the disposition of the actual travel hours. However, can or rather should those hours be figured into the hours worked in a day?

[cbg]

If the employer wants to calculate OT on a daily basis, they may. They are not required to by law and there is no legal expectation that they "should" do so.

[Bigfish]

Originally Posted by cbg

If the employer wants to calculate OT on a daily basis, they may. They are not required to by law and there is no legal expectation that they "should" do so.

Forgive me, I meant to ask if the cumulative travel hours ought to be figured into hours worked per WEEK. My mistake.

[cbg]

If you are non-exempt, yes. But again, I'll let Patty, who knows far more about this issue than I, address it.

[Pattymd]

Patty has been swamped this week. I'll get to you as soon as I can.

[Bigfish]

Thank you again for your replies.

We all are non-exempt hourly employees.

No problem, PattyMD with being swamped...it sure beats the alternative!

[Pattymd]

Patty has a few minutes now.

Assuming you are a nonexempt employee (otherwise you would not be asking the question), travel time away from home overnight, and while driving or as a passenger on a train or plane, is considered work time (and thus must be considered in determining overtime pay) only for the hours that coincide with your regular work hours (excluding meal periods). Such time is counted as hours worked even if it occurs on a nonscheduled work day.

http://www.dol.gov/dol/allcfr/ESA/Ti...9CFR785.39.htm
See also the next subsections, 40 and 41.

Patty has to leave for work now. Bye!

[Bigfish]

That is what I thought! Thank you so much, Patty and CBG.

[Pattymd]

You're welcome.