Travel Time

Kent · August 2004

I don't post often but have now felt compelled to do so twice in the last two days. I can usually find an answer to any question by doing a search on this site but this one is a bit unusual. I would appreciate your replies. We have a facility that was severely damaged in the recent hurricane in Florida. We have requested that the employees (hourly) travel about an hour away to another company facility and work out of that facility. We anticipate this situation lasting 4-6 months. We have provided the use of a company vehicle to make this commute. They all gather at the former facility and travel to the new one before normal working hours. I've read that employees that gather at the "home office" and then travel to another work site must be paid for travel time. However, the "home office" is no longer there. It's just a gathering spot. They could just as easily gather at the local McDonalds. Are we responsible for paying travel time to and from the new facility?

Don D · August 2004

I'm no expert on this sort of thing, even if the 'home office' were still there. But, the fact that a hurricane blew away the office doesn't negate the fact that their primary workplace assignment is the field where the building stood. And I would proceed with that in mind. The company, in my estimation, should use the same rule you cited, unless and until the company reassigns them to work in another place. If the company doesn't want to do that, consider having them leave the gathering place at your normal work starting time, then beginning their journey and arrive back at the gathering at work-stop time. Others may have more knowledge of this subject area. Hatchetman is not in the sandbox any longer and his would be on target for sure.

Kent · August 2004

Thanks Don, I have considered that option but there is some debate as to their ability to get the job done in 2 fewer hours each day. I really want to be fair to these employees but I'm also concerned about increasing our expenses in these already tough times. Therefore, I don't want to pay OT if not required.

pork1 · August 2004

KENT: Section 785.38 of the FLSA does shed some light on your concern. "Time spent by an employee in travel as part of his principal activity, such as travel from job site to job site during the workday, must be counted as hours worked! Where an employee is required to report at a meeting place to receive instructions, or to perform other work there, or to pick up and carry tools, the travel from the designated place to the work place is part of the day's work." I believe it is the principle of "control over one's time" that would cause your company to have a need and good heart to pay the employees regular working hours for all while riding to work. I am sure every employee is glad to have a job and a place to go to work. Most would probably say "forget the time spent riding as working hours"; however, there will be that one disgruntle employee that would not appreciate the company providing transportation which allows them to be working when there are thousands of neighbors that are a lot worse off. You could say the new work site is at xxx and get there the best way you can and the time to start working is the same! That is cold but I believe the truth! They then have "control over their time" and can choose to exercise their options, accordingly.

I hope you will pay them for the riding time, it is the right thing to do. Call your Fed wage and hour folks and I am sure this will be their answer, but it want hurt and you will be more satisfied with their guidance. Heck with the circumstance in your area you might not be able to get through, but try anyway!

Our prayers and thoughts are with you. May your company and employees have a Blessed day.

PORK

Kent · August 2004

Thanks Pork, I appreciate your input. I have tried all morning to get through to DOL in Tampa but I haven't had much luck. Your advice is sufficient.

Don D · August 2004

Since DOL is federal, the answer WILL NOT vary from Memphis to New Orleans to Jackson to Tampa. Call a less busy location and you'll get (hopefully) what will be their consistent answer without regard to the circumstances that give rise to the question. It will be black and white to the DOL, without regard to the hurricane. PS: the unfortunate Florida winds resulted in the perfect 4-day fishing vacation for me and my son in Mid Mississippi this past weekend.

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