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PA Non-Exempt Wages Questions

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  • PA Non-Exempt Wages Questions

    I think after reviewing other posts I have found the answers to my questions but would like to clarify. First, some background info. My brother is employed as a construction supervisor (20+ yrs.) for a company headquatered in Pennsylvania although he lives in Indiana. Extensive state-to-state travel is required for his position. He supervises a crew of 2 - 4 employees and makes the hire/fire decisions. He is paid for the entire day even though on rare occassions he may only work a few hours. However, when he was recently off work due to illness he was required to use his vacation time instead of being paid his normal weekly salary. The company has taking bids and awarding many of the jobs to subcontractors (who cost less than their own construction employees) and temporarily laying off their construction division crews.

    Thank you.

    My questions are:

    1. Which states' labor laws govern in a situation where the employee lives in one state and the company is headquatered in another?

    2. Due to his job classification am I correct in assuming he is non-exempt and therefore should receive overtime pay for any hours over 40 each week?

    3. Are the hours he spends traveling from his home to the job site and back home (which may take anywhere from 4 - 24 hours one-way) considered part of the weekly hours worked? If so, are the travel work hours calculated for just going to the job or for round trip?

    4. Am I correct in assuming it is legal for the company to out-source work even when they have company employees available and willing to do the jobs?

  • #2
    1.) The state in which the employee lives and works

    2.) Based on what little information we have it is not impossible that he is correctly classified as exempt. The fact that he supervises between 2-4 people and that he has the power to hire and fire both suggest that he is exempt and not eligible for overtime. It doesn't prove it, but so far I haven't seen anything to suggest that he should be classifed as non-exempt.

    3.) If he is correctly classified as exempt, it doesn't matter.

    4.) Yes.
    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.


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