State of California

   MEMORANDUM


   DATE:August 9, 1994
   TO:PERSONNEL MANAGEMENT LIAISONSREFERENCE CODE:94-45

   THIS MEMORANDUM SHOULD BE DISTRIBUTED TO:

   Personnel Officers
   Labor Relations Officers


   FROM:Michael T. Navarro
   Department of Personnel Administration
   Labor Relations Division


   SUBJECT:Travel Policy for Employees Covered by FLSA



   In February of this year, PML 94-06  was issued discussing proposed implementation
   of a new travel policy consistent with the requirements of the negotiated
   agreements and the Fair Labor Standards Act (FLSA).  All of the collective
   bargaining agreements except Unit 6 and 8 contain the following section:

        "Notwithstanding any other contract provision, departmental policy or
        practice, the travel time of employees who are covered by FLSA shall only be
        considered as time worked if it meets the definitions and requirements of
        travel time in Sections 785.34 through 785.41 of Title 29 of the Code of
        Federal Regulations."

   This section requires each department to change all policies and practices to
   conform with the FLSA travel/overtime requirements.  In addition, because this
   requirement has already been negotiated, there is no notice or meet and confer
   obligation when a department changes its policies or practices to conform with the
   Memorandum of Understanding (MOU).

   Since PML 94-06 was issued, the Federal Department of Labor has interpreted
   Section 785.39, which the State must now implement, to require that an employee
   who is driving while engaged in overnight travel to another city and who was not
   offered public transportation, be compensated for all driving time.

   Departments must immediately modify their travel overtime policies to be
   consistent witH this Federal Department of Labor interpretation.  There is no
   requirement to notice or meet and confer regarding this change because it is
   already covered by the MOUs and it is a Federal Department of Labor requirement.

   In summary, an employee who drives an automobile in the course of State business
   and who is not offered public transportation ,is entitled to compensation.  Time
   spent as a passenger, or driving time that is simply part of the home-to-work or
   work-to-home commute, is, of course, not compensable.

   Should you have questions concerning any of the above, please do not hesitate to
   contact Bruce Crain on 324-0530 or Michael Navarro on 324-0505.