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Ohio Is Travel Pay Included in Gross Wages?

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  • Ohio Is Travel Pay Included in Gross Wages?

    An individual receives travel pay in his paychecks for travel between job sites, as per the collective bargaining agreement.

    He is injured on the job. When reporting his gross wages, must the employer include:

    1) The amount of travel pay; and/or
    2) Amount of time employee spent traveling.

    The employer left off the travel pay, which was close to $380.00 per week, and left off the 12 hours of travel time. This brought the employee too low in his hours and he had to partially pay for his health insurance due to this drop in hours.

    Thank you.

  • #2
    If the travel time and travel pay are a normal and regular part of the employees work week and included in his/her gross wages as such they are part of the AWW for gross pay for wage replacement.

    However, if the travel pay is a per diem type pay, (most per diem pay is basically travel reimbursement expenses that are not taxed wages), based on hours worked away from home it "might" not be included as gross wages. The statues are not real clear on when or if per diem pay is inclusive for gross wages when per diem is based on the time or cost spent to travel as part of a days work.

    If no one else comes by with concrete information for OH I would recommend one of two things, call the BWC and ask them or you could speak to a certified work comp attorney for the sate of OH.

    http://codes.ohio.gov/orc/4123.56
    Information posted by me is my "OPINION". I do NOT give legal advice to anyone as like most here I am NOT an attorney.

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