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Federal Time Keeping while on TDY (shift start and end time clarifications) Federal

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  • Federal Time Keeping while on TDY (shift start and end time clarifications) Federal

    Hi all,

    Its been awhile since I've posted. But, I have a question and do not enitrely agree with the information that is being provided.

    Scenario: Two employees are on TDY to work at a remote duty station. Both stay at a motel that is 1.25 hours from the job site. They leave the motel at 7:00 and return to the motel at 7:00. Both emplyees travel in the same vehicle.

    1) When does the time clock start and stop for them. I would assume that since they are on TDY, the time clock starts when they leave the motel and ends when they return. Am I correct?
    2) How should their time be charged? Where appropriate, should the hours that exceed their regular tour of duty be charged to a travel comp type code? Would both employees be compensated for this travel time or only the driver?
    3) Does exempt and non-exempt FLSA play a role in this and how?

    Thanks a million.

  • #2
    What is TDY?
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

    Comment


    • #3
      Originally posted by Pattymd View Post
      What is TDY?

      Temporary Duty... it's a military term. Are you employed by the government?

      Comment


      • #4
        Originally posted by Rangeman View Post
        Temporary Duty... it's a military term.
        Sir, yes, SIR!!!
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

        Comment


        • #5
          Yet another term to add to my acronym cheat sheet!

          Comment


          • #6
            Originally posted by Rangeman View Post
            Temporary Duty... it's a military term. Are you employed by the government?
            Yes, federal civilian.

            Comment


            • #7
              A civilian working directly for the government or employed by a company which has a contract with the federal government? My comments refer to the latter situation; any exceptions there might be if the situation is the former (and I'm not saying there are, just IF there are), not my greatest area of expertise.

              However, generally speaking:

              1. Not necessarily. My understanding is that "home" in this context refers not only to the employee's place of residence, but the employee's temporary place of residence, such as the motel.
              http://www.dol.gov/dol/allcfr/ESA/Ti...9CFR785.35.htm

              2. How/where time worked is charged is not an employment law issue. It's whatever the employer says.

              Are they required to travel in the same vehicle? See #1.

              3. Of course it does, the FLSA is the bottom line here. Whether or not time is compensable or not depends on a worker's exempt or nonexempt status, since exempt employees are paid a fixed salary no matter how many hours are worked. If there are additional compensation factors in the contract or provided by the employer that the FLSA does not require, we wouldn't know that.
              Last edited by Pattymd; 10-29-2009, 03:43 AM.
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

              Comment


              • #8
                If you are a federal worker, the FLSA, is operated or run by OPM not Wage and Hour Division. If you are and employee of a private employer/contractor for a federal agency the Service Contract Act (SCA) is applicable. The OPM/FLSA rules for a federal worker are a lot more different than the regular FLSA for a private employer, state and local governments, the Library of Congress, the United States Postal Service, the Postal Rate Commission & the Tennessee Valley Authority.

                Here is a run down of what agency enforces the FLSA or variations of the FLSA...


                The Wage and Hour Division in the Employment Standards Administration of the U.S. Department of Labor administers the Fair Labor Standards Act for--
                • private employers;
                • state and local governments;
                • the Library of Congress;
                • the United States Postal Service;
                • the Postal Rate Commission; and
                • the Tennessee Valley Authority.
                Inquiries and claims from these employees should be submitted to the Wage and Hour Division in the U.S. Department of Labor.

                The U.S. Equal Employment Opportunity Commission administers the equal pay provisions contained in section 6(d) of the Fair Labor Standards Act. Inquiries or complaints about equal pay should be submitted to the U.S. Equal Employment Opportunity Commission.


                The U.S. Office of Compliance. The Congressional Accountability Act of 1995, as amended, sections 1301 et seq. of title 2, United States Code, extends the rights and protections of the Fair Labor Standards Act to employees of the following United States Federal Government entities--
                • the United States House of Representatives;
                • the United States Senate;
                • the Capitol Guide Service;
                • the Capitol Police;
                • the Congressional Budget Office;
                • the Office of the Architect of the Capitol;
                • the Office of the Attending Physician; and
                • the Office of Compliance.
                Inquiries and claims from these employees should be submitted to the U.S. Office of Compliance.

                The U.S. Office of Personnel Management (OPM) administers the provisions of the Fair Labor Standards Act with respect to any person employed by a Federal agency, except as described above. The U.S. Office of Personnel Management (OPM) accepts the types of claims listed below from current or former employees of the United States Federal Government.

                (a) FLSA exemption status determination claims;
                (b) FLSA pay claims for minimum wage or overtime pay for work performed under the Act; and
                (c) Claims arising under the child labor provisions of the Act.

                An FLSA pay claim filed on or after June 30, 1994, is subject to a 2-year statute of limitations, except in cases of a willful violation where the statute of limitations is 3 years.
                Last edited by ArmyRetCW3; 10-29-2009, 01:16 PM.
                ========================================

                "A veteran - whether active duty, retired, national guard, or reserve - is someone who, at one point in his or her life, wrote a blank check made payable to The 'United States of America', for an amount of 'up to and including my life.'" (Author unknown)

                Comment


                • #9
                  Wow, lots of info. Thanks. Now, to answer a few questions. These employees are directly hired by federal government and fall under OPM. So, with that being said, what hours should they be compensated for. I personally beleive that since they are on TDY, they should be compensated from the time they leave the motel to the time they return.

                  What are your thoughts. Would exempt and non-exempt FLSA employees be treated differently? Thanks again.

                  Comment


                  • #10
                    If federal employee you have to look into the OPM web site or the federal agency HR department. Also, if the employee is on flexiplace and or flexitime there are special rules for that issue... FLSA is not applicable to federal employees or vice versa OPM is not applicable to private employers...
                    ========================================

                    "A veteran - whether active duty, retired, national guard, or reserve - is someone who, at one point in his or her life, wrote a blank check made payable to The 'United States of America', for an amount of 'up to and including my life.'" (Author unknown)

                    Comment


                    • #11
                      OK, fine, but, I did not get an answer to my question about whether the OP worked directly for the federal government or for an company which has a contract with the government.
                      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                      Comment


                      • #12
                        Originally posted by rlrobinhood View Post
                        Wow, These employees are directly hired by federal government and fall under OPM.

                        I think the quote above from the OP indicates that the employee is a federal employee...
                        ========================================

                        "A veteran - whether active duty, retired, national guard, or reserve - is someone who, at one point in his or her life, wrote a blank check made payable to The 'United States of America', for an amount of 'up to and including my life.'" (Author unknown)

                        Comment


                        • #13
                          Originally posted by ArmyRetCW3 View Post
                          I think the quote above from the OP indicates that the employee is a federal employee...
                          Sorry, missed that. Then, um, never mind................
                          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                          • #14
                            Yep, work directly for the federal government. Last night, I was searching OPM for some information and found "partial" answers. Here's the link I was reading:

                            http://www.opm.gov/oca/worksch/html/travel.asp

                            So, based on this information, I guess I have a couple questions:

                            1) Under Title 5, I would assume that a passenger in the vehicle during travel to/from the motel/jobsite is not compensated for the hours of travel because they are not performing "work"?

                            2) One of the guidelines under FSLA states the employee should be compensated if, "an employee is required to travel as a passenger on a 1-day assignment away from the official duty station." What about an assignment that is longer than 1 day?

                            Thanks again all. I greatly appreciate the assistance.

                            Comment


                            • #15
                              Anybody? Thanks in advance.

                              Comment

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