ECN Forum Forums General Topics of the Trade Business Related Discussion travel time

Give and take is huge. I can't begin to tell you how many times I've spent 2 hrs going over stuff and been clocked out.Or have been compensated for time I did'nt think I had. All good.

But if brother has to go to the shop to pick up employee and STILL be on site at 7 AM, then what ever time he shows up at shop to pick up said employee, That is his start time. PERIOD. And said employees start time. PERIOD.

Personal vehicle, not shaky at all. normal commute. Even an hour or more away. Be here at 7AM.leave at 3-3:30.

Company vehicle.. alltogether different.

I'm surprised that so many guys go to work not knowing what their start time is, but still willing to argue over a nickel an hour of wages. I'm also amazed to think that so many contractors don't pay them for the drive, and how few take the time to even look it up.

The law in MA

Travel Pay
The general rule is that commuting to work time is not paid work time. However, the FLSA covers three different forms of travel time for nonexempt employees that may constitute paid worktime. They are travel during the workday, out of town travel and overnight travel.

Travel during the workday that occurs after the employee has reported for work and that is for the benefit of the employer is usually compensable. Employees that travel out of town generally must be compensated for the time the employee is traveling. However, commuting time to the place of departure (e.g. airport, train station) us excluded from paid work time. Overnight travel is compensable when the travel time occurs during the employee's regular work hours. This rule applies even if the employee is traveling on non-regularly scheduled work days (e.g. Saturday or Sunday).

"The law in MA" I'm confused.

OK, it's a federal law, but it still applies in MA, where the OP is from.

It was decided in 1947 that "portal to portal pay" be further defined, and that was the result.
Here's a link to the Regulations:

http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_790/toc.htm

"portal to portal pay"

Absolutely correct, shop to job to shop, and anything in between. not from house to job, thats a commute.

once on the first job (or shop),if they send you somewhere else, your on their nickle.

"Section 4 of the Portal Act, which relates to so-called ``portal-to-
portal'' activities engaged in by employees on or after May 14, 1947,
provides as follows:

(a) Except as provided in subsection (b), no employer shall be
subject to any liability or punishment under the Fair Labor Standards
Act of 1938, as amended, * * * on account of the failure of such
employer to pay an employee minimum wages, or to pay an employee
overtime compensation, for or on account of any of the following
activities of such employee engaged in on or after the date of the
enactment of this Act:
(1) Walking, riding, or traveling to and from the actual place of
performance of the principal activity or activities which such employee
is employed to perform, and
(2) Activities which are preliminary to or postliminary to said
principal activity or activities

which occur either prior to the time on any particular workday at which
such employee commences, or subsequent to the time on any particular
workday at which he ceases, such principal activity or activities."

Before and after work your on your own.
Arriving at the shop IS a PRINCIPAL activity.

Excellent link!!!!! Thankyou!!!!!(edit)

Doesn't this say the employer is relieved from liability if the following three conditions are met?

(paraphasing)
1.traveling to and from the job
2.after the works done
3.if it's not compensable (billable) work?


(b) Under section 4 of the Portal Act, an employer who fails to pay
an employee minimum wages or overtime compensation for or on account of
activities engaged in by such employee is relieved from liability or
punishment therefor if, and only if, such activities meet the following
three tests:
(1) They constitute ``walking, riding, or traveling'' of the kind
described in the statute, or other activities ``preliminary'' or
``postliminary'' to the ``principal activity or activities'' which the
employee is employed to perform; and
(2) They take place before or after the performance of all the
employee's ``principal activities'' in the workday; and
(3) They are not compensable, during the portion of the day when
they are engaged in, by virtue of any contract, custom, or practice of
the kind described in the statute

PE: not sure what your point is. Could you expand?

Just trying to find wich side of the issue your commenting on.

Sorry, Now I see it! (i'm slow).
Thats how I see it.
1,2 &3. No pay. But.. from one site or job to the next, your on the clock. If said contractor does not bill travel time, Thier loss, not the employees.

Did I read you right?

The way thinks got changed at my place of employment, we are to show up for 7:30, get ready, get our work van and be out of the shop so we can be at the first job by 8:00, and we don't get paid for that 1/2 hour between 7:30 and 8:00am.. In all fairness, we do stop at the local coffee shop on the way to the job with " no questions asked" by the boss, yet its still not right we get shafted having to prepare in the morrning on our own time.. We get paid for all other travel time in between and until we dot the last "I" in our paperwork back at the shop at the end of the day.

A.D