By Bill Bransford
Q & A Session – Normal Commute Time Deducted from Travel Comp Time
April 27th, 2011 | Uncategorized
Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience.
Q:
Is the deduction of normal commute time supposed to be deducted from compensatory time whether the travel is on a normal duty day or not?
A:
Yes, your normal home-to-work and work-to-home commuting time will always be subtracted from the amount of compensatory time you receive for official travel to/from your home to a temporary duty station. 5 C.F.R. § 1504(c).
Bill Bransford is managing partner of Shaw, Bransford & Roth, PC.
Disclaimer: Ask a Lawyer publishes information on this website for informational purposes only. Information on this website is intended – but not promised, guaranteed, or warranted – to reflect correct, complete and current developments. In addition, the contents of the website do not constitute legal advice and do not necessarily reflect the opinions of the attorney. Information from this website is not intended to be used as a substitute for specific legal advice, nor should you consider it as such. You should not act, or refrain from acting, based on information on this website without seeking specific legal advice about your particular circumstances. No attorney-client relationship between you and Ask a Lawyer’s author is created by the transmission of information to or from this site.
Tags: commute time, compensatory time, TDY
Q & A Session – Overtime vs. Compensatory Time
April 27th, 2011 | Uncategorized
Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience.
Q:
I was told that when under continuing resolution status, we are unable to get overtime and must accept compensatory time instead. Is this correct?
A:
It may be legal depending on your circumstances. Some employees whose basic rate of pay exceeds that of a GS-10, Step 10 can be required to take compensatory time in place of overtime pay. Many agencies continue to offer overtime pay for employees above that rate, but it is discretionary and likely to be reviewed or changed when operating under a continuing resolution. This regulation can be found in Title 5 of the Code of Federal Regulations, Part 550.114 (c).
Bill Bransford is managing partner of Shaw, Bransford & Roth, PC.
Disclaimer: Ask a Lawyer publishes information on this website for informational purposes only. Information on this website is intended – but not promised, guaranteed, or warranted – to reflect correct, complete and current developments. In addition, the contents of the website do not constitute legal advice and do not necessarily reflect the opinions of the attorney. Information from this website is not intended to be used as a substitute for specific legal advice, nor should you consider it as such. You should not act, or refrain from acting, based on information on this website without seeking specific legal advice about your particular circumstances. No attorney-client relationship between you and Ask a Lawyer’s author is created by the transmission of information to or from this site.
Q & A Session – Compensatory Time for Contractors
April 25th, 2011 | Uncategorized
Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience.
Q:
Does the entitlement to compensatory tie while on official travel apply to contractors?
A:
Contractors do not receive the same rights and benefits as federal employees, as contractors are employees of the contracting company, not the federal government.
Bill Bransford is managing partner of Shaw, Bransford & Roth, PC.
Disclaimer: Ask a Lawyer publishes information on this website for informational purposes only. Information on this website is intended – but not promised, guaranteed, or warranted – to reflect correct, complete and current developments. In addition, the contents of the website do not constitute legal advice and do not necessarily reflect the opinions of the attorney. Information from this website is not intended to be used as a substitute for specific legal advice, nor should you consider it as such. You should not act, or refrain from acting, based on information on this website without seeking specific legal advice about your particular circumstances. No attorney-client relationship between you and Ask a Lawyer’s author is created by the transmission of information to or from this site.
Tags: compensatory time, contractors, travel compensatory time
Q & A Session – TDY and Travel Time
April 15th, 2011 | Uncategorized
Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience.
Q:
When an employee is in TDY status, should the employee be paid for the travel time he or she in a government vehicle if it is outside of normal working hours? If an employee has a start time of 6:00 a.m. are they required to report to the vessel at 6 a.m. or start travel to the vessel at 6 a.m.?
A:
As addressed in our article “TDY and Comp. Time: What Are the Rules?” a federal employee is entitled to compensatory time for travel beyond their official duty station, occurring outside their normal duty hours.
For purposes of compensatory time, an employee’s official duty station is a reasonable geographic area surrounding the work site, as designated by the agency, but not to exceed a mileage radius of 50 miles. As such, just because you are on a “TDY,” or temporary detail assignment, does not necessarily mean that you are on a travel status away from your official duty station. If you are not beyond your official duty station, then you are not entitled to compensatory time for travel.
Regarding your second question, since your tour of duty begins at 6:00am, you are required to be at the work site at 6:00am, but may be entitled to compensatory time for your travel to/from the worksite, depending whether or not you are in a travel status. For more a more detailed explanation, please see our article titled, “TDY and Comp. Time: What Are the Rules?” for more information regarding your question.
Bill Bransford is managing partner of Shaw, Bransford & Roth, PC.
Disclaimer: Ask a Lawyer publishes information on this website for informational purposes only. Information on this website is intended – but not promised, guaranteed, or warranted – to reflect correct, complete and current developments. In addition, the contents of the website do not constitute legal advice and do not necessarily reflect the opinions of the attorney. Information from this website is not intended to be used as a substitute for specific legal advice, nor should you consider it as such. You should not act, or refrain from acting, based on information on this website without seeking specific legal advice about your particular circumstances. No attorney-client relationship between you and Ask a Lawyer’s author is created by the transmission of information to or from this site.
Q & A Session – Compensatory Time Off
January 10th, 2011 | Uncategorized
Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience.
Q:
Is an employee entitled to compensatory time for hours worked above the normal tour of duty of eight hours after arriving at a TDY site?
A:
An employee on a TDY is only entitled to compensatory time off “for time in a travel status away from the employee’s official duty station when the travel time is not otherwise compensable.” 5 C.F.R. § 55.1401 (emphasis added); see 5 C.F.R. § 550.1403 (“Compensable refers to periods of time that are credible as hours of work for the purpose of determining a specific pay entitlement, even when that work time may not actually generate additional compensation because of applicable pay limitations”). Thus, if you are working more hours than regular tour of duty, as your question suggests, you will be entitled to compensatory time off for your travel to/from your work station. Additionally, you will also be entitled to compensatory time off for any time beyond your normal 8-hour tour of duty spent working at the temporary duty station. See 5 U.S.C. § 5542 and 5 C.F.R. § 550.113 (FLSA-exempt employees); 29 U.S.C. § 207(e)(7) and 5 C.F.R. § 551.531 (FLSA-nonexempt employees).
Bill Bransford is managing partner of Shaw, Bransford & Roth, PC.
Disclaimer: Ask a Lawyer publishes information on this website for informational purposes only. Information on this website is intended – but not promised, guaranteed, or warranted – to reflect correct, complete and current developments. In addition, the contents of the website do not constitute legal advice and do not necessarily reflect the opinions of the attorney. Information from this website is not intended to be used as a substitute for specific legal advice, nor should you consider it as such. You should not act, or refrain from acting, based on information on this website without seeking specific legal advice about your particular circumstances. No attorney-client relationship between you and Ask a Lawyer’s author is created by the transmission of information to or from this site.
Tags: comp time, compensatory time, TDY
Q & A Session – Overtime While On Travel Status
October 28th, 2010 | Uncategorized
Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience.
Q:
What is the rule for paying overtime to an employee while on travel status?
A:
Pursuant to 5 U.S.C. § 5542(b)(2) and 5 C.F.R. § 550.112(g), official travel away from one’s duty station is considered hours of work, including overtime hours when applicable, if: the travel occurs within the regularly scheduled work week; or the travel includes the performance of work while traveling, is incident to travel that involves the performance of work while traveling, is carried out under arduous or dangerous conditions, or results from an event that could not be scheduled or controlled administratively by any individual or agency in the Government. If time while on travel status does not meet one of the above to qualify as hours of work or overtime, then it may be credited to compensatory time. An employee on a TDY is entitled to compensatory time off “for time in a travel status away from the employee’s official duty station when the travel time is not otherwise compensable.” 5 C.F.R. § 55.1401 (emphasis added); see 5 C.F.R. § 550.1403 (“Compensable refers to periods of time that are creditable as hours of work for the purpose of determining a specific pay entitlement, even when that work time may not actually generate additional compensation because of applicable pay limitations”).
Bill Bransford is managing partner of Shaw, Bransford & Roth, PC.
Disclaimer: Ask a Lawyer publishes information on this website for informational purposes only. Information on this website is intended – but not promised, guaranteed, or warranted – to reflect correct, complete and current developments. In addition, the contents of the website do not constitute legal advice and do not necessarily reflect the opinions of the attorney. Information from this website is not intended to be used as a substitute for specific legal advice, nor should you consider it as such. You should not act, or refrain from acting, based on information on this website without seeking specific legal advice about your particular circumstances. No attorney-client relationship between you and Ask a Lawyer’s author is created by the transmission of information to or from this site.
Tags: compensatory time, overtime, TDY, travel status