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West virginia over time for travel?

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  • West virginia over time for travel?

    I work for an asphalt company out of west virginia which does parking lot maintence to wal marts and sams clubs from virginia to maine i was wondering if i should be getting overtime pay for my travel time. I first get to the shop and load my truck and crew up then we drive to the first job site which at times could be 12-16 hours go straight to work normally when we get there. Upon completation we then get a hotel and a few hours rest then leave for the next job site which as i said could be 3-4 states away . The whole time we are driving/riding we are filling out mileage sheets and gas sheets and it is like this every day for 2-3 weeks at a time. If anyone can help i would appreciate it

  • #2
    This is complicated. Partially because the rules are complicated and partially because federal DOL hid their regulations a while back. I have found where they hid them (for now anyhow), but you will get a strange error message every time you change screens. Just play through it, no big deal.

    The "rules" are DOL regulations 29 CFR 785.33-785.41. There is no simple one-size-fits-all answer here. Instead you will need to read every one of the regulations in the block and see exactly which regulation fits your situation.

    https://www.dol.gov/dol/allcfr/ESA/T.../Chapter_V.htm
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      no help

      couldnt really find it could only get it to 785.3 not 785.33

      Comment


      • #4
        Try this.
        https://www.dol.gov/dol/allcfr/ESA/T...9CFR785.33.htm
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

        Comment


        • #5
          i apply to a few of them as being overtime but really didn't fully understand

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          • #6
            Is there any specific question(s) that you have? Maybe someone will
            be able to help you.
            Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

            Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

            Comment


            • #7
              breakdown
              .38-it says that work site to work site is work time and there are days that we go from the hotel to wal mart to get our machine then drive how ever many hours to the next job site jump out go straight to work finish get back in the truck and drive to another job site and work the rest of the night, and there are times that we work all night then drive to the next job site drop our machine then get a hotel , and days we leave the hotel go to the job site get our machine drive to the next job site drop our machine go get a hotel for a few then work all night go back to the hotel and do it all over again . So im not sure if it applies or not.

              .39-this one i just don't understand the bottom part about passengers we have 3-12 man crews some may drive and some are passengers but even one passenger per vehicle has to fill out a mileage sheet everytime we change roads, cross state lines, get fuel. So would that not be working too?

              .41-i'm not sure if this may be my answer to .39 just not sure

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              • #8
                Break it into pieces. You are trying to directly link travel with overtime. No such link exists.
                - Overtime is a function of all hours worked in the workweek. Not all travel hours. Not all non-travel hours. Not all hours worked wearing a red shirt. Just A-L-L hours worked. So the key is not whether or not a travel hour is an overtime hour (it is not), but it might be an hour worked. Once you know what all hours worked are in the workweek, you know what total overtime worked in the workweek is. But saying a travel hour is an overtime hour really is meaningless.
                - The travel regulations determine whether or not a travel hour is an hour worked or not. Meaning that you need to be able to convince a judge that the story you tell falls under one of those regulations. If you think that the regulations are less then clear, join the club. Everyone thinks the regulations are less then clear. But your starting point is towards the beginning, namely the Portal-to-Portal Act. Commuting is not hours worked. Meaning that if it is an hour worked, then it cannot be commuting. Or visa-versa. "Normal" travel is easy. Throw away the commute and everything else is probably travel time. But what you describe is not normal. Or easy. There are sixty plus years of court and administrative rulings on these rules, so the courts have a pretty good idea how THEY call balls and strikes. The rest of us are mostly guessing. See which regulations seem to affect you. File a wage claim. It works or it does not. If you are looking for a sure thing, this is not sure thing territory. Worse, if you take to 100 different judges, you will not get a 100 different answers, but you also will not get the same answers. Different judges do not agree on what the rules are. Just like baseball. The strike zone is whatever the umpire of any particular game says it is.
                "Reality is that which, when you stop believing in it, doesn't go away".
                Philip K. **** (1928-1982)

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                • #9
                  Thanks, DAW. I thought maybe you or Patty could help him. (at least
                  to some extent)
                  Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                  Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                  Comment

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