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  • Travel Time Maryland

    I understand that you do not have to pay for travel time to the employee's primary job site, however, we have a situation where employee's are on call after hours and could be called out to several different job sites that are not necessarily their "primary" job site. If this is the case do we have to pay them for the travel time to those job sites that are not their primary sites?

  • #2
    Maybe, maybe not (I'm a big help, huh?).

    http://www.dol.gov/dol/allcfr/ESA/Ti...9CFR785.36.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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    • #3
      Well, at least you are giving me a place to start researching!! Thanks.

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      • #4
        Well, if you read that regulation, you'll find that the DOL doesn't take a position either way.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          I see this...does this mean that we can make the decision?????

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          • #6
            Originally posted by hrchance View Post
            I understand that you do not have to pay for travel time to the employee's primary job site, however, we have a situation where employee's are on call after hours and could be called out to several different job sites that are not necessarily their "primary" job site. If this is the case do we have to pay them for the travel time to those job sites that are not their primary sites?
            There is a difference in having to and needing to. Having worked service work, I was more inclined to stay at a job where the boss let me earn a few extra dollars on service calls after hours. The travel time should be billed to the customer. (company makes a few extra $) If they are your extended job sites, (same company) and the service person is using a company vehicle, then they are on the clock.

            Can someone find the law on the second scenario please?

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            • #7
              Originally posted by GotSmart View Post
              Can someone find the law on the second scenario please?
              Not really. You are mostly making points that the law does not. The federal FLSA travel regulations in their entirety are in the 29 CFR 785.33 - 785.41 range. Anyone who wants to go to the lead regulation and turn pages can learn everything there is to know about the federal rules in a few minutes.

              The infamous "company car" was mentioned. Point in fact, FLSA law does not care about that (although IRS law sometimes does). And FLSA law is the law that determines what is an hour worked.

              The general rule is that the commute is almost never hours worked. This is a function of the federal Portal-to-Portal act. The "clock" basically starts when the first worksite is arrived at and the "clock" stops when the last worksite is left. What exceptions exist to these basic rules can be found in the cited regulations.

              And whether or not the time is billed to customer is again one of these points that the law does not actually care about.
              "Reality is that which, when you stop believing in it, doesn't go away".
              Philip K. **** (1928-1982)

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              • #8
                I was thinking service work. I used to be a commercial plumber, and anything over 1/2 hour travel was chargeable.

                You do know the specific laws more than I do. Thanks for the correction.

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                • #9
                  Gotsmart has a point, though, in that whether the law requires it or not, maybe, within limits, it may just be the "right" thing to do. It may also depend on what the industry standard is. The better the working conditions/compensation package is at your company vs. your competitors, the more likely you are to keep your good employees.
                  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
                    Agreed. There is often a difference between what must be done and what can be done.

                    Also, states can have travel rules more favorable to employees then the federal rules. CA does for example.
                    "Reality is that which, when you stop believing in it, doesn't go away".
                    Philip K. **** (1928-1982)

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