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Should travel time be paid? Florida

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  • Should travel time be paid? Florida

    Looking for some assistance to an issue that has been bugging me since I started working with my present employer. I am an non-exempt employee of a hospital, and am required to travel to two different sites as part of my position. (I am the only employee hired to do this job for two facilities.) For all purposes, I am an employee of Site A. My payroll, etc comes out of this facility. I reguarly travel (2-3 times a week) to site B to perform my job functions. This site is 40 minutes away from my home site A

    I know that I would not normally be paid commuting time from home to work. However, when I travel to site B, I leave dirrectly from home, work an entire day at site B, and return home. Should I be compensated for travel time? (I should probably note that my home is two miles from site A) I am already being paid mileage at the IRS rate, but I just wanted to make sure that I am not entitled to travel time as well.

  • #2
    This is complicated. The federal travel time rules are 29 CFR 785.33 - 785.41. Please read them. All of them.
    http://ecfr.gpoaccess.gov/cgi/t/text...1.1.2.44.3.440

    There is an actual federal law called the Portal-to-Portal Act. This law very clearly says that commutes are never hours worked. Your employer is likely to cite this law and say game over. Maybe. There is a federal regulation in that group I cited which discusses out of town travel. You are going to claim that this is not a commute but rather out of town travel. Again maybe. There is no bright line at federal or FL state law for your specific issues. We have two separate valid regulations that give different answers to your question. And we have no clear guidance from federal DOL which regulation is supposed to used in your circumstances. As you might expect, this means that judge gets to make the decision and the decisions have historically been all over the place.

    FL is generally considered to be a "just like fed" state. Many states have formally addressed this issue. To my knowledge, FL has not.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      Interesting...

      Thanks for your help. I have been doing some research with the laws, and I agree that there seems to be no clear-cut answer for this particular situation.

      So am I correct that under 785.38 if I were to report to my home Site A and then go to Site B then I would be paid for travel time? So why couldn't I just stop at Site A, prepare for my day and then go to Site B and be paid travel?

      Thank you!

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      • #4
        If you drive to Site-A first, then to Site-B, you are correct that this is no longer a grey area and that the work hour clock starts at Site-A. However, the employer could in theory decide to fire you.

        Also, not the question, but there is no legal requirement (federal or FL) that you be paid mileage.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

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        • #5
          Originally posted by Card1230 View Post
          Thanks for your help. I have been doing some research with the laws, and I agree that there seems to be no clear-cut answer for this particular situation.

          So am I correct that under 785.38 if I were to report to my home Site A and then go to Site B then I would be paid for travel time? So why couldn't I just stop at Site A, prepare for my day and then go to Site B and be paid travel?

          Thank you!
          What will your employer say about you stopping at Site A first? They may notice your hours increasing.

          Comment

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