Q: Is commute pay not eligible for overtime?
I work for a temp agency that sends me to several locations around the city. There is one location that is an hour and a half outside of town. We carpool to this location and are paid 2 additional hours for travel. This travel pay is never overtime. We could go to this location everyday for a week which should be 10 hours of overtime but our boss says because it’s travel pay it’s not eligible for overtime rate. I have checks with 97 hours and no overtime. Is this even legal?
A: The general rule for travel time pay is that you must be paid for travel during your work day (ex. from work location 1 to work location 2) but not for travel to your first site for the day or travel home after your last site of the day. If travel to the out-of-town location you mentioned is the first site of the day, your employer does not need to pay you for travel time to this location, so if it chooses to pay you, the pay can be on your employer's terms (i.e., if they don't want to include these hours in overtime pay, they don't have to). However, if travel to the out-of-town location you mentioned is not your first job site of the day, travel time to this job site must be paid and must be included in the calculation of overtime pay.
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