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Hours computation -

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  • Hours computation -

    I am non-exempt hourly (computers). Normal work day is 8am to 5pm Monday thru Friday. This week Monday and Tuesday were normal days. Wednesday through Friday I was out-of-town for work. Wednesday we left at 7:30am and drove to Colorado from Missouri. We delivered equipment in a vehicle rented by the company. I was a passenger and did not drive (although I could have). We unloaded the equipment when we arrived. We finished unloading around 8pm. Then went to dinner and then to the motel (both provided). On Thursday morning we arrived at the office about 9am and worked until about 8pm. Then went to dinner then to the motel. On Friday we left about 7:30am and arrived back in home town and unloaded equipment. Finished unloading and went home about 7pm.

    I am there for the benefit of the employer. Since I am traveling out of town and not able to go home or use my personal time effectively can all the time be counted as work time? Or just the time while I was actually at the jobsite or traveling? Is the time after we left the office for the day (8pm) until we start again the next morning (9am or 7:30am depending on the day) countable as work hours? Is this considered on-call, standby or waiting time?

  • #2
    No, all the time is not work time. http://www.dol.gov/esa/regs/compliance/whd/whdfs22.htm
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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    • #3
      Since we couldn't leave couldn't this be considered on-call, standby or waiting, etc. time?

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      • #4
        No, because total freeedom isn't required. If you had been required to stay in a set location near a phone to take calls, then yes. If you were free to go out to eat, see a movie, sleep, watch TV, read, etc. then it need not be paid simply because you were not in a location you would otherwise choose to be.
        I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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        • #5
          So just because we were reqired to stay in the area is not enough to justify?
          Thanks.

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          • #6
            That's right.
            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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            • #7
              Want someone else to agree? They're both right.
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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              • #8
                Originally posted by Pattymd View Post
                Want someone else to agree? They're both right.
                Uh.... thanks.... again.
                Last edited by rande; 04-03-2008, 06:21 PM.

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