Hourly Employee들의 Hourly Rate를 그대로 적용한다면, employer로서는 그 사람의 skill이나 책임을 지우고 허락한 pay rate를 travel시간에 똑같이 준다는 것에 동의하지 않고 있습니다. 따라서 회사는 Travel Time에 대하여 별도로 pay rate를 정할 수 있습니다.
Travel Transit에 대한 pay rate은 Min Pay Rate만 넘으면 문제는 없습니다. employee간와의 사기문제가 있으므로 지혜롭게 등급을 정하여 적용하는것도 좋겠습니다. 예를들면, regular rate의 70%만 travel hours에는 적용한다던지, 아니면 $8/hr로 정하여도 되겠습니다.
아래 내용 참고하시기 바랍니다.
Compensation for Travel Time
Because traveling does not require the employee to employ his or her skills, pay for travel time may be at a rate of pay that is less than the employee's normal rate of pay. In fact, the employer may pay the employee as little as minimum wage for time spent traveling. The employee must be informed of the travel rate prior to beginning travel. If the employee performs work while traveling, for example writing a report while on the airplane to the work site, the employee must be compensated at his or her regular rate of pay instead of the lower rate.
According to the regulations, the employer does not have to pay for time spent taking a break from travel in order to eat, sleep, sightsee or engage in other purely personal activities.
Paying Overtime for Travel Time
Since travel time is work time, overtime may be due for some travel. If travel time and work time together exceed 40 hours in a workweek (or 8 hours in a workday in California), the employee must receive travel pay at overtime at the weighted average of his or her normal pay rate and the travel time rate, if any. For example, an employee’s normal wage is $10 per hour and his travel wage is $6.90. In one workweek, the employee performs 35 hours of work and 10 hours of travel. Of the 10 hours spent traveling, 5 are overtime hours paid at one and one-half times the weighted average rate. The hourly rate that the employer must pay for the 5 hours is $11.56. This formula for determining the rate is as follows:
35 hours of work X $10 (normal wage) = $350
10 hours of work X $6.90 (travel wage) = $69
Total for all hours worked is $419.
$419 / 45 hours = $9.31 (average hourly rate for all hours worked)
$9.31 / 2 = $4.66 (overtime premium for time and one-half)
$6.90 + $4.66 = 11.56 (hourly rate for overtime hours spent traveling where
time and one-half is owed)
If the employee is performing his or her normal job duties instead of traveling when the overtime is due, then the premium should be added to the employee's normal hourly rate instead of to the travel rate. In this case the time and one-half rate would be $14.66 per hour ($10 + $4.66).
For California employees who work double time, the double time rate would be:
$6.90 + $9.31 = $16.21 (travel rate plus the average rate if the double time is
travel time)
$10 + 9.31 = $19.31 (normal rate plus the average rate if the double time is
normal work time)