Is It Legal for My Employer to Not Pay for Drive Time?

Question from Cdawg, Is It Legal for My Employer to Not Pay for Drive Time?

Answer from AI:

If you drive daily for work, it’s important to understand when your employer is required to pay you for that time. The Fair Labor Standards Act (FLSA) and various state laws govern whether drive time should be compensated. Here’s a general overview of the rules and guidelines.

Understanding Compensable Drive Time

Under the FLSA, whether drive time is compensable depends on the nature of the driving:

• Commuting Time: Generally, the time you spend commuting from home to your regular worksite is not compensable.
• Travel During the Workday: If you are required to travel as part of your job duties during the workday, this time is typically compensable.
• Special One-Day Assignments: If you are required to travel to a different city for a one-day assignment, the travel time is usually compensable, minus the time you would normally spend commuting.
• Overnight Travel: Travel that keeps you away from home overnight is generally compensable when it cuts across your regular working hours, even on non-working days.

Employer Policies and Legal Compliance

Your employer’s policy of not paying for drive time unless it exceeds 1.5 hours may not align with FLSA requirements if the drive time is part of your job duties during the workday. Here are some steps you can take:

1. Review Your Job Description: Check if driving is listed as part of your job duties.
2. Document Your Drive Time: Keep a detailed record of your driving hours and tasks performed during that time.
3. Consult the FLSA: Review the FLSA guidelines on compensable travel time. The U.S. Department of Labor provides detailed information on this topic. You can find more information on the Department of Labor’s FLSA page.
4. State Laws: Check if your state has additional laws that provide greater protection than the FLSA. Some states have stricter requirements for compensable travel time.

When to Seek Legal Advice

If you believe your employer is not complying with the FLSA or state laws regarding compensable drive time, it may be beneficial to consult with a legal professional. An attorney specializing in labor law can provide personalized advice based on your specific situation.

Resources for Further Information

For more detailed information, you can refer to:

• U.S. Department of Labor – Fair Labor Standards Act (FLSA)
• State Labor Offices

Remember, while this information provides a general overview, individual circumstances can vary widely. Consulting with a legal professional is always recommended for advice tailored to your specific situation.