The average 5-day work week should equal 40 hours in a reference period of four months or less. Working time cannot exceed 8 hours in 24 hours. Maximum Working Hours & Overtime Laws in Poland On average, employees are expected to work 40 hours per week (8 hours a day - 5 days a week). Due to the complexity of the overtime calculation method necessary and the recordkeeping involved, any company attempting this should have the agreement prepared with the assistance of an attorney experienced in this area of the law.Working hours are usually from 8:00 AM to 4:00 PM or 9:00 AM to 5:00 PM, often with up to one hour of an unpaid break for lunch. 778.115 (see the topic "Employees Working at Two or More Rates" in the article "Calculating Overtime Pay" in this book). Further, if such work results in overtime hours, the overtime pay must be calculated according to the weighted average method of computing overtime pay, as provided in 29 C.F.R. However, any such agreement should be clearly expressed in a written wage agreement signed by the employee, and the time so distinguished must be carefully and exactly recorded. 778.318(b) and a DOL administrative opinion letter dated Janu(BNA, WHM 99:8211). The travel time should be paid at the employee's regular rate of pay however, it is permissible to have a wage agreement whereby employees are paid at a lower rate (at least minimum wage) for compensable travel time and other types of non-productive work time, as noted in 29 C.F.R. 785.41.Īccording to a DOL wage-hour opinion letter issued on September 21, 2004, travel between an out-of-town worksite and the employee's home that the employee undertakes for his or her own personal convenience, i.e., voluntarily, is not compensable. Similarly, work performed while traveling must be counted as hours worked under 29 C.F.R. For instance, if the normal hours are 8 am to 5 pm from Monday through Friday, and the employee must perform job-related travel on Sunday from 3 pm to 7 pm, the employer would need to pay only for the time from 3 to 5 pm. This same rule applies even in the case of travel on days not normally worked.
WORK TIME OR WORKTIME DRIVER
An employee who serves as a driver or a pilot for other employees would be paid for the entire travel time. The employee is simply substituting travel for other duties." However, if the employee travels as a passenger outside normal working hours, the time is not compensable.
785.39 states that "travel away from home is clearly worktime when it cuts across the employee's workday. Many questions arise concerning travel to other locations involving overnight stays. If the worker does not have to report back to the main office after finishing at the last jobsite, but instead returns directly home, the time spent returning home is not compensable. Some workers normally report to a number of jobsites each day as part of their duties all such time is compensable. For example, if a worker reports to the main office to start the day and is then told to report to another job site, all time spent traveling to that worksite and back again to the main office will be paid. Time spent traveling between worksites during a workday is compensable under 29 C.F.R. 785.37, but the employer could disregard the time corresponding to the normal home-to-work commute and the time spent on meals. Similarly, a special temporary assignment in another city would involve compensable travel time, according to 29 C.F.R. The regulation does not provide that all such travel time is compensable the decision would presumably be made on a case-by-case basis.
For example, if the worker is called back to work somewhere on an emergency basis for one of the employer's customers and must travel a "substantial" distance, the travel time would be compensable. 785.36 states that home to work travel and back again that falls outside of the regular hours may be compensable hours worked. That means that the normal commute from home to work and vice-versa is not compensable.
785.35, which provides that "normal travel from home to work is not worktime". 785.33 states that whether time spent in travel must be considered working time depends upon the kind of travel involved. The wage and hour regulation at 29 C.F.R. The easiest way to think of the travel time regulations is to remember that basically, any travel on company business that cuts across the normal workday is compensable time worked, regardless of whether such travel occurs on a day the employee is normally scheduled for work.
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