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Travel Time For Work Illinois

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  • Travel Time For Work Illinois

    I work from home as my bosses closed down my store. I am sometimes required to travel to another office that is 70 miles away. I am not paid for the 2 hours 30 minutes it takes me to get to the other office and back to my home. I am not paid for gas. and I am not given a vehicle I have to use my own vehicle. Is that legal? Or should I be getting compensated for at least my travel time or gas? I work from home as a salaried employee as well. But my bosses don't have me punch in or out. its a very small business.
    Last edited by lindseykay85; 06-15-2012, 03:53 PM.

  • #2
    They never have to pay mileage or gas. That is strictly company policy. As for work time, it depends. You are paid a salary but are you exempt or non-exempt? Do you get OT? What duties do you perform? If you are exempt it is basically a company policy issue but if non-exempt, and you are required to travel to the other store by your employer, it should count as work time and you should be paid for it.
    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.

    Comment


    • #3
      One clarification -if you are required to drive to the other store from your home, and you stay at the other store all day, and then you drive home, the law does not require that you be paid for the drive time, EVEN IF it is considerably longer than your regular commute. But if you drive to the store where you usually work, and then over the course of the day are required to drive to the other store, THEN you must be paid for the drive time. Assuming, of course, that you are non-exempt.

      Elle is correct that neither Federal nor state law requires that you be paid for mileage or gas.
      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.

      Comment


      • #4
        http://www.w-p.com/CM/Articles/Fair-...ndards-Act.asp


        What is this law then?
        Fair-Labor-Standards


        Individuals are also entitled to payment for some types of “travel time”. People are not entitled to be paid for normal commuting to and from their home to work, but are entitled to be paid for the time they commute from one work station to another after they have commenced work. As well, if an individual is required to travel out of town, the Department of Labor takes the position that such travel may not be the ordinary home to work type of travel. If, in fact, the travel was performed at the request of the employer, it is therefore part of the principal activity of the employer and the individual must be compensated. Note that the employer does not have to compensate the individual for travel from their home to the airport or departure station. Another very complicated issue deals with overnight travel. The Department of Labor regulations provide that travel time is compensable work time when it occurs during the employees regular work hours because the employee is merely substituting travel for their other work duties. Also, if travel occurs during normal work hours on non-work days, that time is also compensable. Note that the Department of Labor does not count as working time overnight travel that occurs outside the employee's regular working hours as a passenger on an airplane, train, boat, bus where the employee is free to relax. Of course, if the employee does perform work during the travel time, that must be compensable. It should also be noted that if transportation is furnished by an employer to transport the individuals from their home to work this is not a compensable activity.

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        • #5
          That's exactly what we're saying.

          You are not entitled to pay for commute time. Period. No matter which store you are commuting to. That is black letter law and every possible exception you can think of has already been tried.

          If you are traveling between stores over the course of the work day, that time has to be paid.
          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.

          Comment


          • #6
            As well, if an individual is required to travel out of town, the Department of Labor takes the position that such travel may not be the ordinary home to work type of travel. If, in fact, the travel was performed at the request of the employer, it is therefore part of the principal activity of the employer and the individual must be compensated.


            So this statement says I should be compensated does it not? I have to travel out of town, per request of my employer.

            Comment


            • #7
              If it is your commute, it isn't "travel out of town" even if your office is in a different city than where you reside. It is then just "showing up at work even though I live an hour+ away from my job". In many parts of the country, that is a typical commute.
              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.

              Comment


              • #8
                My work office is at my house. So traveling an hour away to our warehouse would be a separate location. I'm required to work there for weeks at a time its 140 miles round trip thats 700 miles in a week. I shouldn't get compensated for any of that?

                Comment


                • #9
                  No, that is pretty much the very definition of "commute". That you can work from home many days does not change the fact that your work location is 70 miles away.
                  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.

                  Comment


                  • #10
                    It is a possible argument.
                    - First of all, you saying that your home is your office in a ringing voice is legally nothing. If however, you have actual documentation that shows (for example) that you worked 250 days over the past 12 months and that 200 of those days were at home, then you maybe have an argument with legs.
                    - The hours worked regulations are in the 29 CFR 785.xxx series. The sub-regulations specific to travel are in the 29 CFR 785.33-785.41 range. Use the actual regulations, not the article as your support.
                    http://ecfr.gpoaccess.gov/cgi/t/text...1.1.2.45.3.450
                    - As stated, commutes are never hours worked. FLSA become law in 1938. A few years later the US Supreme Court made a decision that commutes were sometimes hours worked. Congress very quickly passed the Portal-to-Portal Act, which basically said commutes were never hours worked, and later US
                    Supreme Court decisions upheld this law. So, the only way travel time is ever hours worked is if it is not commutes (per the courts). And the courts have heard pretty much every possible "this is not a commute" argument over the past seventy years and made their decision. Hence the "black letter law" argument. Very settled law.

                    Basically if you can convince a judge or administrative law judge that your home really is your office and there is no contary prior decisions that can be cited, you possibly have an argument. I am not familar with case law specific to home offices. While case law is seventy years old, viable home offices are arguably less so. Not that this necessarily impesses courts. The courts are very big believers in not changing prior precident, just because the technology changes. For example, all of the major "on call" decisions predate cell phones and pagers.

                    The key is your employer will almost certainly use the Liar, Liar, Pants on Fire defense. They will claim a different sets of "facts" then the ones you just used, and the judge/ALJ will have to flip a coin to decide whose "facts" they like best.
                    "Reality is that which, when you stop believing in it, doesn't go away".
                    Philip K. **** (1928-1982)

                    Comment

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