When must overtime be paid?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
When must overtime be paid?
My co-workers and I travel often for our company. We build our product in house, when it is all tested, we tear it down and travel to the customers final destination to install our product. The company I work for recently revised the travel policy. Now it states we have 8 hours cap on travel time in the US and it will be straight time. When traveling over seas it is capped at 10 hours straight time. So take for example if we truly have a 62 hour week while traveling internationally and it takes 11 hours to get there and back, We only get paid 60 hours with no over time because of the 10 hour travel policy with no over time included. (40 hour work week and 22 hours of travel = 60 hours no overtime). Is this illegal?
Asked on November 23, 2012 under Employment Labor Law, Pennsylvania
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
The specifics of your job - and any contract you have - are needed to help guide you here. Generally speaking, travel time to and from "regular" jobs is not considered to be part of your work day but it sounds as if you are starting your work dat AT the office and then traveling from there. The law in PA, where you wrote from, is as follows: an employee is entitled to at least minimum wage and overtime pay at time and a half for all hours worked over 40 hours per week. However, the federal Fair Labor Standards Act (FLSA) and Pennsylvania’s Minimum Wage Act do not require overtime pay for “any employee engaged in a bona-fide executive, administrative, or professional capacity” who is paid on a salaried basis instead of an hourly wage. (29 U.S.C. § 213a(1), 43 P.S. § 333.105a(5)). Seek help. More details are needed. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.