Travel Time Procedure For Non-Exempt Employees Fair Labor Standards Act

Transcription

1 Time Procedure For Non-Exempt Employees Fair Labor Standards Act Empire Southwest pays non-exempt employees for travel time in accordance with the Fair Labor Standards Act (FLSA). Time- From Home to Work (Portal to Portal) Normal travel from home to work and travel from work to home at the end of the workday is not considered hours. Single-Day Time spent by the employee in travel as part of his or her normal work activities - such as travel from the job site to a seminar during regular working hours is considered hours. If the employee is required to travel to another city and return home in the same day, the travel time to and from the other city is considered hours. If the employee uses public transportation, the travel time between the employee's home and the point where he or she obtains this transportation (i.e. bus station, airport, etc.) is not considered hours. If the employee takes a lunch break, it is not considered hours. Regular Work Single Day Time Time Paid 8 a.m. to 5 p.m., Monday - Friday 11:00 a.m. to 8 p.m. Monday- Friday Friday Leave at 6:30 a.m. - arrive at 8:30 a.m. Attend seminar. Take an hour lunch. Leave at 4:30 p.m. - arrive back at 6:30 p.m. Sunday Wednesday Leave at 2:00 p.m. arrive at 6 p.m. Leave at 9 a.m. - arrive at noon. Employee is paid for 11 Not paid for lunch hour. Employee is paid for 4 hours - since the travel is in the same day. 1 P a g e

2 Away From Home Overnight on a Work Day time involving a required overnight stay is considered hours only when it is during the employee's regular workday. The employee is simply substituting travel for his or her regular work time that is outside of normal work hours is not considered hours. Regular Work Single Day Time Time Paid 8 a.m. to 5 p.m., Monday - Friday Friday Leave at 7 a.m. arrive at 1:00 p.m. Took an hour lunch. Employee is paid for 4 Not paid for time outside regular hours or for lunch. 11:00 a.m. to 8 p.m. Monday- Friday Sunday Leave at 2:00 p.m. arrive at 6 p.m. Wednesday Leave at 11 a.m. - arrive at 2 p.m. Took an hour lunch. Sunday Leave at 10:00 a.m. arrive at 3:00 p.m. Took an hour lunch. hours not paid for time outside of regular Employee is paid for 2 Not paid for lunch. hours not paid for time outside of regular hours or for lunch. on a Non-Work Day If the employee regularly works from 8 a.m. to 5 p.m., Monday through Friday, traveling during the same hours on Saturday and/or Sunday is considered hours. The usual lunch break is not considered hours. Time spent in travel away from home outside of regular work hours is not considered hours. Any work that the employee performs while traveling is considered hours even if these hours are outside his or her normal work schedule. to Location Outside of Assigned Area Time spent by the employee in travel to another location outside his or her work such as travel from the jobsite to a different jobsite. If the employee is required to travel to another city 2 P a g e

3 and return home in the same day, the travel time to and from the other city is considered hours. Arizona employees Arizona travel will be paid as Arizona time. Arizona employees California travel will be paid as California time. DBS Code *CTV TVL From To CA AZ Total Mesa/Phoenix Blythe Mesa/Phoenix Imperial Mesa/Phoenix Mine Yuma Blythe (leader approval required) Yuma Imperial Yuma Blythe Mine Mine Blythe Imperial DBS Codes: * CTV = California travel time and TVL = all other travel time 3 P a g e

4 Yuma to Blythe (2 hours) Option 1- travel in AZ; Arizona travel time and not subject to California hours Option 2- travel in CA; California travel time is subject to California hours Yuma to Imperial (2 hours) in California; California travel time is subject to California hours Yuma to WMM (1.5 hours) in California; California travel time is subject to California hours Mesa to Blythe (3 hours) time in Arizona ; Arizona travel time is not subject to California hours Mesa to Imperial (3 hours) in Arizona and California; Arizona travel time of 3 hours is not subject to California hours, California travel time of 1.5 hours is subject to California hours Mesa to Mine (Mesa to Glamis - 4 hours) time in Arizona and California; Arizona travel time of 3 hours is not subject to California hours, California travel time of 1.5 hours is subject to California hours Blythe to Mine (1 hour) time in California; California travel time is subject to California hours Blythe to Imperial (2.5 hours) time in California; California travel time is subject to California hours 4 P a g e

5 Current DBS OT and charge codes: 2 or 6 Double Time 2 charges client OT on WO 6 does not charge client OT on WO 1 or 5 Overtime 1 charges client OT 5 does not charge client OT on WO Charge Codes CTV - California travel time TVL - All other travel time as a Passenger during Shift If an employee travels to an out-of-town conference during shift hours, that employee must be compensated for the commuting time to the conference which exceeds that employee s regular commute, whether or not he or she performed any work during the commute. For example, an employee whose regular commuting time is 30 minutes, and who takes a three- hour train ride for a one-day trip to another city during regular shift hours and performs no work on the train, must be compensated for the two-and-a-half hours which are not part of regular commute. Wait time as a Passenger before Shift Employees that commute to a common location to be shuttled to the worksite would not be compensated for shuttle time, as long as no work is being performed during the commute. 7/25/2017 Revised 5 P a g e