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Travel pay - TEXAS

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  • Travel pay - TEXAS

    My question is about being paid for travel to training or meetings. Texas

    I am a non-exempt employee in Texas working for a national company with headquarters in CT as a field service person. I work from my home as there is no local office. The field is medical x-ray equipment. The company recently has had us start "punching" a time clock using ADP so we are truly hourly.

    Scenario 1: Several times a year I am scheduled for training classes at the corporate office which is in CT. If the training starts on Monday we are required to travel (fly) on Sunday. Returning home usually means getting home late (11:00pm). The company pays us up to 10 hours straight time total for travel regardless of how long it takes. So if it takes 10 hours from the time I leave my home until I get to the hotel on the way there, I receive no pay for any time after 5pm on the return trip which is usually a Friday. This is amounts to another 5 - 6 hours.

    Scenario 2: Once a year we travel to another state for a required meeting. This year we are required to fly on Sunday to go to the meeting. The meeting is Monday and Tuesday. On Tuesday return we are being required to travel after 5pm which means I will not be home until probably 2am on Wednesday. We have asked about pay for the travel time and we either get some vague reference to the 10 hours above or a "We'll need to find out.". Tuesday will begin at 8am so it will be an 8 hour work day plus the travel which will mean a 15 - 16 hour day.


    Question 1: In scenario 1, does the company have to pay OT for travel on Sunday and any time after 5pm on the return day? Or is the 10 hours straight time maximum permitted?

    Question 2: In scenario 2, since we have been told when we have to fly to / from the meeting (Sunday and after 5pm on the Tuesday) what would the company be required to pay?

    Thanks for any input.

  • #2
    From the TX DOL website here: http://www.twc.state.tx.us/news/efte/h_travel_time.html

    Many questions arise concerning travel to other locations involving overnight stays. 29 C.F.R. 785.39 states that "travel away from home is clearly worktime when it cuts across the employee's workday. The employee is simply substituting travel for other duties." However, if the employee travels as a passenger outside normal working hours, the time is not compensable. An employee who serves as a driver or a pilot for other employees would be paid for the entire travel time. This same rule applies even in the case of travel on days not normally worked. For instance, if the normal hours are 8 am to 5 pm from Monday through Friday, and the employee must perform job-related travel on Sunday from 3 pm to 7 pm, the employer would need to pay only for the time from 3 to 5 pm.

    Travel time, as calculated per the rules above, should included as part of the total worked hours for the week. Any time your total hours worked for the week goes above 40 hours, you should get overtime for those additional hours.

    Hope that helps.

    Comment


    • #3
      Originally posted by Don57 View Post
      Question 1: In scenario 1, does the company have to pay OT for travel on Sunday and any time after 5pm on the return day? Or is the 10 hours straight time maximum permitted?

      Question 2: In scenario 2, since we have been told when we have to fly to / from the meeting (Sunday and after 5pm on the Tuesday) what would the company be required to pay?
      Assuming you work a M-F/9-5 job:

      The Sunday travel would fall outside of your normal working hours and thereby is not compensable. The company is not required to pay you any time for time travelled Sunday. If they do, then it they are choosing to consider it time worked and it should be included for OT calculations. However, since this is purely their choice you really have to ask yourself if pushing this issue will end up being in your best interests.

      In addition, time spent outside of normal working hours travelling on work days is usually considered time worked. The major exception? Flying. So that knocks out your after normal working hours "right" to be paid.

      http://www.legalworkplace.com/child....4KFMXyRbfC8h8p

      Count yourself lucky they pay for it at all.

      Comment

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