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Travel Time pay in Massachusetts Massachusetts

On Lawyer & Legal » Employment & Labor Law

3,788 words with 8 Comments; publish: Sun, 16 Dec 2007 13:36:00 GMT; (80046.88, « »)

Hi,

Does anyone know the answer to these 2 questions?

1) I was sent on a 2-day (overnight) trip to train a client. On the first day the training ended 1 hour early. Can I charge the company for that last hour since I was sent out of town to do this training?

2) I think it is legal in MA to pay an employee less than her standard hourly rate for time spent traveling (as long as that travel is within the standard working-day hours). However, is there a norm for what that rate should be (for example, half the standard hourly rate? Minimum wage?)

Does the answer to these questions change if the person is just part-time?

Thanks for any help you can give!

Nancy

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  • 8 Comments
    • Not that management generally cares about such things.

      Yeah, but we payroll managers do. :p

      #1; Mon, 17 Dec 2007 14:55:00 GMT
    • 1. I take it you are a nonexempt employee? You were not traveling or working during hour 8, so legally you don't have to be paid for it, out of town or not.

      2. I know of no prohibition against it. I've seen it as low as minimum wage, but I don't think it's really all that common. IMHO, for the few dollars it would save, it's bad employee morale. Plus, it makes the computation of overtime pay more complex.

      #2; Sun, 16 Dec 2007 16:16:00 GMT
    • Its been around for a while: 455 CMR 2.03(4)(b), "An employee required or directed to travel from one place to another after the beginning of or before the close of the work day shall be compensated for all travel time and shall be reimbursed for all transportation expenses."

      .

      #3; Thu, 20 Dec 2007 07:31:00 GMT
    • Hi,

      Does anyone know the answer to these 2 questions?

      1) I was sent on a 2-day (overnight) trip to train a client. On the first day the training ended 1 hour early. Can I charge the company for that last hour since I was sent out of town to do this training?

      2) I think it is legal in MA to pay an employee less than her standard hourly rate for time spent traveling (as long as that travel is within the standard working-day hours). However, is there a norm for what that rate should be (for example, half the standard hourly rate? Minimum wage?)

      Does the answer to these questions change if the person is just part-time?

      Thanks for any help you can give!

      Nancy

      As a non-exempt employee, you do not have to be paid for hours not worked. That you were away from home and had to stay in some hotel does not count for hours worked.

      You could be paid minimum wage for your travel time. In 17 years in this business, I know of only one client that did that and we had bigger problems with them than that poor, yet legal, practice. They are no longer a client and likely no longer in business, but it paying like that would be legal.

      Part-time, full-time makes no difference, except that overtime may kick in sooner for the full-time employee. Well, they both get overtime after 40 hours, but a full-time person working 40 hours a week needs only work 7.5 minutes more to get overtime, while a part-time person may need to work considerably longer.

      #4; Mon, 17 Dec 2007 15:35:00 GMT
    • Once the work day begins, travel time must be compensated at your regular rate, and you must be reimbursed for any transportation expenses incurred.

      .

      I've never heard that before in MA. New? Or I just missed it?

      #5; Thu, 20 Dec 2007 01:23:00 GMT
    • Ordinary travel time between home and work is not compensable time, except under limited circumstances.

      Once the work day begins, travel time must be compensated at your regular rate, and you must be reimbursed for any transportation expenses incurred.

      .

      #6; Wed, 19 Dec 2007 06:47:00 GMT
    • How about the "travel time must be compensated at your regular rate" part?
      #7; Thu, 20 Dec 2007 10:00:00 GMT
    • Plus, it makes the computation of overtime pay more complex.

      Not that management generally cares about such things.

      #8; Sun, 16 Dec 2007 17:53:00 GMT