Over time and Travel
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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
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
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 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).