When must overtime be paid?

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When must overtime be paid?

My co-workers and I travel often for our company. We build our product in house, when it is all tested, we tear it down and travel to the customers final destination to install our product. The company I work for recently revised the travel policy. Now it states we have 8 hours cap on travel time in the US and it will be straight time. When traveling over seas it is capped at 10 hours straight time. So take for example if we truly have a 62 hour week while traveling internationally and it takes 11 hours to get there and back, We only get paid 60 hours with no over time because of the 10 hour travel policy with no over time included. (40 hour work week and 22 hours of travel = 60 hours no overtime). Is this illegal?

Asked on November 23, 2012 under Employment Labor Law, Pennsylvania

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The specifics of your job - and any contract you have - are needed to help guide you here.  Generally speaking, travel time to and from "regular" jobs is not considered to be part of your work day but it sounds as if you are starting your work dat AT the office and then traveling from there. The law in PA, where you wrote from, is as follows: an employee is entitled to at least minimum wage and overtime pay at time and a half for all hours worked over 40 hours per week. However, the federal Fair Labor Standards Act (FLSA) and Pennsylvania’s Minimum Wage Act do not require overtime pay for “any employee engaged in a bona-fide executive, administrative, or professional capacity” who is paid on a salaried basis instead of an hourly wage. (29 U.S.C. § 213a(1), 43 P.S. § 333.105a(5)). Seek help.  More details are needed.  Good luck.


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