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Traveling to Job, staying overnight Florida

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  • Traveling to Job, staying overnight Florida

    I've read some about similar topics, but always talked about being away for only one day.

    My employer wants two of us to go do work in a different county. Actually it's like 3 hours away from where we are. Private, small business.
    This Thursay we are supposed to take off in the early morning and if everything goes allright we will be back late Friday night. (Like two 12-14 hour days just in work alone)

    Now my question is, in my personal opinion the whole travel is work to me. From leaving to coming back, since I am not able to spend any time at home with my family. We have the option to take our personal worktruck but would prefer a more reliable, company owned worktruck (which we are probably going to take). Does that make a difference? My employer wants to pay me for the drive time + actual work time, but I told him, that I would like to get paid the full time I am not home. My employer offered to pay for a hotel room and the meals as well.

    Let's say we get to work (local warehouse) at 6 AM in the morning on Thursday and get back on Saturday morning around 6 AM. That's about 48 hours. In my point of view that is what I should get paid (without the meal breaks taken out) or at least receive some sort of comp. Am I right or wrong?

    Where can I find this in the Labor Law?

    Thank you.


    Edit:

    Alright, I did some more research and found this article:
    http://www.dol.gov/dol/allcfr/ESA/Ti...9CFR785.39.htm

    I am hourly, so I am non exempt...My partner, however, is paid commission on the job, so therefore exempt I guess.

    I am not sure if this is what I am looking for tho. It tells me, that if we were travelling (just travelling?) at regular work day hours (8-5) it would count for work time. So if we drive the 3 hours in the morning, those are hours counted as work. But if we come back late Friday night, it would not count? Correct? Since we are not travelling during our regular work time. Well, maybe my english is just not good enough (moved to the States about 2 years ago) to understand... And I could not find anything about the time spent in general. Is there any comp for the time "away from home" rather than "comp for time travelling?". Thanks.

    And can your employer force you to do this?
    Last edited by RobFL; 10-10-2006, 04:36 PM.

  • #2
    First of all, just because your colleague is commissioned (only, I presume) doesn't necessarily mean he is exempt. But I'll address your situation, since you are clearly nonexempt, since you are paid hourly.

    Whether you take a company vehicle or your personal vehicle is irrelevant.

    However, this section implies (though doesn't state it specifically) that the driver's time is totally compensable, although the employer may deduct the normal commute time of the employee.
    http://www.dol.gov/dol/allcfr/ESA/Ti...9CFR785.40.htm

    Your employer is already paying more than the law requires by not deducting your "commute time". He is NOT required to pay your for ALL time away from home.
    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
      Thanks for your info...

      I guess you just have to do what the employer ask you to do or else...

      Thanks again.

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      • #4
        Originally posted by RobFL View Post
        That's about 48 hours. In my point of view that is what I should get paid (without the meal breaks taken out) or at least receive some sort of comp. Am I right or wrong?
        Wrong. You should be paid for working, but not for travel time as a passenger outside your normal hours nor for any other time, such as sleeping or eating or kicking around.

        Even if you are a passenger, you should be paid for travel time during your normal work hours (even on days you do not normally work).
        Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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        • #5
          I think the legislation on this is rather fair. It's a compromise between workers and employers. I understand your point about not being compensated 100% for time away from home. I can appreciate you'd rather be home with family than in another town alone in a hotel. The problem is that you are not "physically" working 24 hours a day. Pre/post shift you are free to do as you choose. I understand that under normal circumstances, your commute would be to home and not a hotel. My opinion is that your employer has been more than generous on this. He's offered to cover the cost of the hotel, meals and actual drive time. Not every employer offers this to employees.

          Comment

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