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Tina
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 32156
Experience:  JD, 16 years experience & recognized by ABA for excellence in employment law.
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if someone works 51 hous ( or any overtime ) in a week is it

Customer Question

if someone works 51 hous ( or any overtime ) in a week is it legal to dock overtime pay for an employee due to travel time driving from job to job. I had 51 hours in one week and was paid only 4 hours of overtime the other 7 hours was documented as travel time with just my normal standard pay. I am a electrician working for a small contractor and half of our jobs are service calls where i have to drive to where the job is, i could have 4 or 5 service calls in a day which could be 2 hours of driving to and from jobs just for that day. This has been going on for months and i just want to know if this is legal. Thanx.
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Tina replied 2 years ago.
Hello and welcome,

You are not normally entitled to pay for your daily commute to and from your place of business.

However, any travel from your initial place of business to another work place is considered work time normally. In addition, any out of town travel, including time driving to the airport, sitting on the airplane, or riding in a taxi is considered work time. This is work time even if it is done at night or on a weekend. Unless you are exempt from the wage and hour laws, you are entitled to pay for these hours and overtime pay, if applicable.

If the employer is not adhering to overtime laws, it is normally best to file a complaint with the state labor board for investigation and collection of the back wages owed.

Here is a link with more information:

http://www.gotovertime.com/facts.html

Here is a link to file a complaint:

http://www.dir.ca.gov/dlse/howtofilewageclaim.htm

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Customer: replied 2 years ago.
im not talking about my commute going to work, I might have 4 or 5 or more locations that my boss or business sends me to in a single work day which maybe 2 or more hours of driving for that day so if i worked 11 hours for that day but 3 hours is spent driving from job location to the next job location that my boss sends me to, are those 3 hours of travel time (if worked over 40 hours in a week) supposed to be overtime or is driving from job to job, which is what my employer is telling me to do, not considered for overtime
Expert:  Tina replied 2 years ago.
As I indicated above, overtime must be paid for compensable travel time as well. If not, the employer is in violation of the law and a complaint should be filed with the state labor board as I suggested. Or you could retain a local attorney to represent you in this matter.

Good luck and take care.

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