When should travel time and overtime be paid?
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When should travel time and overtime be paid?
I work for as a carpenter for a company that does retail stores. We travel alot to different states. They have just taken our drive time or travel time away from us. For example, I left Saturday for a city which was 10 hours from home to the hotel. We then worked Sunday night 8 pm to 7am (Sunday night through Friday morning). We then have to travel on Saturday to another state 15 hours), then work from Sunday to Friday morning again. Should we be paid for this travel time hourly and should it be overtime? What should we be compenstated for the travel? We use our own vehicles and are non-exempt hourly employees. If this is illegel I would like to know who to report this to and can it be annoyomus?
Asked on April 15, 2012 under Employment Labor Law, Ohio
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Under the laws of all states in this country, employees are typically entitled to overtime pay at time and a half of their hourly wage for any time worked over 8 hours a day and/or 40 hours in a given work week (Sunday through Saturday).
From what you have written, you are entitled to overtime for any time worked more than 40 hours in a given week or 8 hours a day at 1.5 times your hourly rate of pay. If you have to drive your own vehicles to a site that is long distance from where you live, you should be reimbursed for your mileage at .555 per mile under IRS guidelines and your room and board while you are away from home.
From what you have written, it seems as though your employer is taking advantage of you. You can either consult a lawyer that practices labor law and/or contact your local department of labor about the work situation that you have written about in your question.
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