Over time and Travel
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Over time and Travel
I am a trainer I train people to use a computer system. I am not certified in
anything and I do nothing in the system other then train on how to use it. I
often work 70 hrs a week. I am hourly but do not get Over time is this right?
also I travel out of town for work 70 of the time, and do not get paid for my
travel time. Is this ok?
I also do not get paid miles from my hotel to sites when out of town….. I
had money removed from pay that they had paid me these miles and then took them
back.
There are about 20 of us affected by this …. none of us have any written
contracts that say any of this…. What are our rights???
Asked on January 19, 2017 under Employment Labor Law, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
If you are an hourly employee, you are entitled to overtime unless you earn over $100,000 per year and perform at least one of the duties of an exempt "executive" (though the term should be "managerial," since it applies to non-executive managers), administrative, or professional employee--you can find those duties on the department of labor website, under "overtime." If yuo do earn over $100k and perform at least one duty of those types of employees, you fall under the "highly compensated employee" exemption to overtimes. Otherwise, as an hourly employee, you would be entitled to overtime--up to around 30 hours of overtime per week, based on what you write--and could file a complaint with the department of labor for back overtime for the last 2 years (you can only go back two years on unpaid overtime).
The rules for travel time compensation are complicated, but basically (and to oversimplify), you should be paid for travel done during the more or less normal workday. If you contact the labor department about overtime, discuss the specifics of your travel with them, too; you may be entitled to back travel pay as well.
There is no obligation to pay you for mileage--the law does not require this. But you may be able to take a deduction on your income tax return for the miles you drive on business travel; disuss this with your tax preparer (you will need to keep an accurate log of business miles driven, apart from miles for your regular commute to work, which are not deductible).
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.