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does travel time count as overtime

does travel time count as overtime插图

Does not count
Travel time to and from the employees actual place of employment or principal activity generallydoes not countas “hours worked” toward determining whether overtime pay is due. This is often referred to as “ordinary home to work travel.”

Does an employer have to pay overtime for travel time?

Yes, an employer may have to pay overtime for out of time travel, unless otherwise exempt from the Fair Labor Standards Act (FLSA).According to the FLSA, when an employer requires that an employee travel on an out of town assignment that requires an overnight stay, the travel time is called “travel away from home” and is considered work time when it cuts across the employee’s workday.

Should you pay workers for travel time?

Time spent traveling during normal work hours is considered compensable work time. Time spent in home-to-work travel by an employee in an employer-provided vehicle, or in activities performed by an employee that are incidental to the use of the vehicle for commuting, generally is not hours worked and, therefore, does not have to be paid.

Do paid holiday hours count towards overtime?

PTO does not count toward overtime. All of our holidays are paid at 8 hours regardless of the employee’s schedule shift. Employees who work four 10-hour days know they will need to work a couple of extra hours to make up for the “short” holiday hours. 1. We do include holiday hours when calculation overtime hours 2. We only have 8 hour …

Is travel time paid or unpaid?

Travel that is all in a day’s work, however, is considered hours worked and must be paid. Example: Barbara is a personal care aide providing assistance to Mr. Jones. Barbara drives him to the Post Office and grocery store during the workday. Barbara is working and the travel time must be paid.

What is considered hours worked?

For example, if an employee regularly works from 9 a.m. to 5 p.m. from Monday through Friday the time spent traveling between 9 a.m. to 5 p.m. on any day of the week, including the weekends, is considered hours worked and requires payment.

Do you get paid overtime for traveling?

Too often, the employee is not paid overtime for travel during the work day. The Fair Labor Standards Act (FLSA) requires your employer to pay you for time spent traveling during normal work hours. So, if your job requires you to travel, you most likely should be paid for that time.

When is travel time considered work time?

When an employer requires that an employee travel on an out of town assignment that requires an overnight stay, the travel time is called “travel away from home” and is considered work time when it cuts across the employee’s workday. This includes hours worked on regular working days during normal working hours and on non-working days, such as weekends. For example, if an employee regularly works from 9 a.m. to 5 p.m. from Monday through Friday the time spent traveling between 9 a.m. to 5 p.m. on any day of the week, including the weekends, is considered hours worked and requires payment.

Can you violate FLSA by not paying employees?

Companies violate the FLSA by not paying its employees for all hours worked in a workweek, including travel time. Under certain circumstances, some travel time may be exempt from the FLSA requirements. Additionally, some states may have their own overtime pay laws that may be slightly

Who can determine if you are entitled to overtime pay?

An experienced overtime pay attorney can determine whether you are entitled to overtime wages based upon your job description, job duties, rate of pay, and number of hours worked. There are strict time deadlines for filing lawsuits so it is essential that you contact an attorney immediately.

Does travel count as overtime?

Travel time to and from the employees actual place of employment or principal activity generally does not count as “hours worked” toward determining whether overtime pay is due. This is often referred to as “ordinary home to work travel.”. However, travel between job sites during the work day is considered “hours worked” or rather work time …

Is travel between job sites considered work?

However, travel between job sites during the work day is considered “hours worked” or rather work time and requires appropriate payment. For example, if an employee is required to leave the employer’s premises and travel to another job site to perform work the travel time spent between the employer’s premises and other location is considered hours …

How far can an employer extend a temporary duty station?

In general, an employer’s duty station extends for 50 miles in all directions.

Can you claim overtime for travel time?

Travel time can count towards overtime, but only if it involves work required by the employer. You cannot claim overtime due to a commute from home to work, because this does not involve work nor does the employer require it. However, you can claim overtime if the employer requires you to travel between job sites or an overnight stay away from your official work site, according to the U.S. Office of Personnel Management.

Do you have to pay overtime while you commute?

Your employer might have to pay overtime while you commute to work if it requires work-related duties, such as picking up employees to bring them to a job site, picking up supplies for work or stopping by the office to pick something up and then traveling to a job site. Most work that requires using the company car counts for overtime, but not all.

Does travel time count towards overtime?

However, most workers cannot receive overtime for a routine commute, such as driving from home to work.

Do employees get overtime?

Some employees never receive overtime compensation, such as those who work for the Senior Executive Service. A few different rules exist for workers not covered by the FLSA, but for the most part, overtime law in the FLSA applies to exempt and nonexempt workers.

When an employee performs compensable overtime by traveling to an event which could not be controlled or scheduled, is it eligible?

When an employee performs compensable overtime by traveling to an event which could not be controlled or scheduled, he or she is automatically eligible for compensation for return travel to his or her duty station.

How long is waiting time for premium pay?

Waiting time. Usual waiting time between segments of a trip or at common carrier terminals counts as worktime for premium pay (up to 3 hours in unusually adverse circumstances, e.g., holiday air traffic, severe weather) provided travel away from the duty station is compensable because it meets any of the conditions of this Section.

What is considered work while traveling?

In order to meet the intent of the law as defined in the majority of Comptroller General decisions, work performed while traveling must be work which is inherent in the employee’s job and which can only be performed while traveling, e.g., chauffeuring, hurricane reconnaissance performed aboard a plane flying into the eye of the hurricane, etc. Discretionary work such as review of a scientific presentation by a scientist or treaty papers by a foreign service officer enroute to a meeting is work which could be performed in an office independently of travel and does not satisfy the definition of work while traveling and is, therefore, not compensable for purposes of overtime. (B-146288, January 3, 1975)

What is result from an event which could not be scheduled or controlled administratively?

Results from an event which could not be scheduled or controlled administratively, including travel by an employee to such an event and the employee’s return from such an event to his or her official duty station.

What does "arduous" mean in travel?

Travel under arduous conditions. Arduous means more than the inconvenience associated with long travel delays, unbroken travel, unpleasant weather, or bad roads. Prolonged travel in heavy blowing snow which makes driving difficult but stops short of endangering the employee might be considered arduous.

What is the definition of an event that cannot be administratively scheduled or controlled?

An event that cannot be administratively scheduled or controlled implies immediate official necessity for travel. If it is discretionary when the employee begins travel, not including the minimum necessary time to make travel arrangements, the notion of immediate necessity which is implied by an event that could not be scheduled or controlled is …

What is one day travel?

One-day travel as a passenger to and from a temporary duty station (not including travel between home and the employee’s normal duty station).

Calculating OT

Calculating overtime in cases like this actually aren’t as tricky as they first appear. At the very least, you have to calculate overtime pay for the employee using the employee’s average pay rate.

Make it transparent to employees

Although this type of compensation structure is perfectly legal, the key to avoiding employee confusion and gaining their buy-in is to explain the breakdown in advance, so there are no surprises come payday.

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How many hours are overtime hours?

In general, overtime hours are hours of work that are ordered or approved (or are "suffered or permitted" for FLSA-covered employees) and are performed by an employee in excess of 8 hours in a day or 40 hours in a workweek. (See 5 U.S.C. 5542 (a), 5544 (a), and 6121 (6) and (7), and 5 CFR 550.111 and 551.501. Note exceptions.)

How many days are in an administrative workweek?

An administrative workweek is a period of 7 consecutive calendar days designated in advance by the head of an agency under 5 U.S.C. 6101. The regularly scheduled administrative workweek is the period within the administrative workweek during which the employee is scheduled to work in advance of the administrative workweek. (See definitions in 5 CFR 610.102. See also 5 CFR 550.103 and 551.421.)

What is official travel away from duty station?

Under 5 U.S.C. 5542 (b) (2) and 5 CFR 550.112 (g), official travel away from an employee’s official duty station is hours of work if the travel is-. within the days and hours of the employee’s regularly scheduled administrative workweek, including regularly scheduled overtime hours, or. outside the hours of the employee’s regularly scheduled …

What is home to work commuting?

Normal "home-to-work/work-to-home" commuting includes travel between an employee’s home and a temporary duty location within the limits of the employee’s official duty station. For an employee assigned to a temporary duty station overnight, normal "home-to-work/work-to-home" commuting also includes travel between the employee’s temporary place of lodging and a work site within the limits of the temporary duty station.

How many days does an employee have to travel to a duty station?

an employee is required to travel as a passenger on a 1-day assignment away from the official duty station; or

How far can you travel to determine overtime?

An agency may prescribe a mileage radius of not greater than 50 miles to determine whether an employee’s travel is within or outside the limits of the employee’s official duty station for determining entitlement to overtime pay for travel.

What is a subpoena in government?

results from an event that could not be scheduled or controlled administratively by any individual or agency in the executive branch of Government (such as training scheduled solely by a private firm or a job-related court appearance required by a court subpoena).