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Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 29769
Experience:  More than 30 years in legal practice.
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I work company located in NJ and I am on an assignment as a

Customer Question

Hello, I work for a company located in NJ and I am on an assignment as a hourly contractor for a large company in Wilmington. I travel throughout the US for the company in Wilmington. Up until recently, travel time (from home to airport and then to hotel) was recorded on the weekly times sheet. If over 40 hours was worked for the week, it was paid as overtime, including the travel time. Recently, contractors was instructed to record travel time on the expense report as straight time hours and reimbursement would occur after the expense report was submitted. My question is, is this travel time being handled properly? Shouldn't travel time not be submitted as an expense? Should it be recorded on the same time sheet as regular worked hours and paid as overtime if 40 hours is reached in a given week? Can you please provide insight based on Labor Laws?
Submitted: 7 months ago.
Category: Employment Law
Expert:  Loren replied 7 months ago.

Good evening. I am Loren, a licensed attorney, and I look forward to assisting you.

No, your time travelling to and from transportation hubs is specifically not counted as "work time". It would be properly counted as an expense. If not reimbursed the employee could use it as an itemized deduction. From the DOL:

"Travel that keeps an employee away from home overnight is travel away from home. Travel away from home is clearly work time when it cuts across the employee's workday. The time is not only hours worked on regular working days during normal working hours but also during corresponding hours on nonworking days. As an enforcement policy the Division will not consider as work time that time spent in travel away from home outside of regular working hours as a passenger on an airplane, train, boat, bus, or automobile."

Expert:  Loren replied 7 months ago.

I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.

Expert:  Loren replied 7 months ago.

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