Would this be considered Overtime or paid at the categorized rate?

Question

An employee gets paid their regular rate 18.00 for work performed and a separate rate for drive time 12.00. The employee works 7 hours at the job sight, his drive time to the job sight is 1 hour = 2 hours of travel.

SO 7 hours regular pay and 2 hours of drive time = 9 hours

Should the travel time be considered over time?

Would the travel time be 1 hour travel rate and 1 hour travel time and a half?

Answer 1

Overtime is based on a 40 hour work week (that may vary by org, but I've never seen overtime calculated for one day). It depends on how the employer classifies the drive time. Is it time worked or is it a stipend or a bonus? The employer could get around paying overtime by calling it something else, and if it could withstand legal scrutiny, it would be ok. Otherwise it should be overtime.  

Answer 2

OVertime only if it put you over 40 hours for the week.  Travel time is tougher to get time and one-half.  It is more like a bonus. /

Answer 3

It depnds on the state labor laws.

If over 8 hours is OT, then the last hour of drive time is OT.

Some states allow up to 10 hours a day with no OT.