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Is pay for travel time required for training? Tennessee

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  • Is pay for travel time required for training? Tennessee

    I am tring to figure out if pay for travel time is required to and from training if the company is paying milage? Since the Company is employing my vehicle to and from training, is it required for them to then pay travel time? Does the Port to Portal Act apply due to the training pay vs actual job description for my hire?

  • #2
    Are you exempt or non-exempt?
    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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    • #3
      Pay for travel

      Non-exempt

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      • #4
        The Portal to Portal Act does not care about training, job descriptions or mileage. The "Act" (at least the part applicable to this issue) basically says that commuting time is almost never legally hours worked. For the travel time to be paid time, the argument almost always must say that the "travel time is not commuting time because ...".

        Your starting point is normally to read the entire federal travel time group of regulations (29 CFR 785.33-785.41) and see if you can make an argument based on something that the regulations actually say.
        http://www.dol.gov/dol/allcfr/ESA/Ti...9CFR785.33.htm
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

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        • #5
          Pay for travel time

          If I understand this correctly, the "principal" duty for which I was hired was not training but rather a General Manager of a facility. Because I am required to travel to and from training, which is outside of my "principal" duties, I am afforded the compensation of "preliminary" and "postpreliminary" duties? I was hired as an exempt employee for my General Manager duties, however the expmpt status does not begin until I have completed training and have taken over a facility. Therefore as a non-exempt trainee I should be paid for travel time because the functions for training are outside of my "principal" duties. Furthermore the Company has, by contractually paying milage, employed my vehicle to be used as a Company vehicle and therefore need to employ an operator based on travel time. Is this correct logic?? Specifically, is this a correct legal argument?

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          • #6
            Probably not correct legal logic. You are not citing any actual law or regulations to support your opinions. Portal-to-Portal Act is a 1940s law with a lot of court decisions, meaning very well established law. I already said that the law does not talk about "mileage". Do you actually see it mentioned anywhere in those regulations I cited? I understand that you have come up some arguments that you are attached to. The problem is you did this prior to reading the actual regulations, meaning you are not citing any actual rules, just making up some of your own.

            One more time. Read the regulations. Frame your argument in terms of "this is not commute time because ...". Find an actual regulation that supports whatever argument you are trying to make. I understand that this is not the answer you are looking for.

            For whatever it is worth, courts have defined "principal duties" much narrower then you are doing. A good example is that you check your email prior to driving into work. People have argued that "checking email" is a principal duty, meaning that the "clock" should start at home, and the commute should be hours worked. The courts have not agreed with that argument. The courts do not look at "principal duty" as you are doing and would likely not agree with you on this. I am not saying to not file a wage claim and make the argument. Anything is possible. But if there is an arm's length way I could bet $20 that you would lose your argument, I would do so. I have read maybe a dozen court decisions on Travel Time and everyone of them is framed in terms of the actual regulations. Interesting arguments that do not bother to address the regulations fail very early in the process.
            "Reality is that which, when you stop believing in it, doesn't go away".
            Philip K. **** (1928-1982)

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