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Len, Lawyer
Category: Employment Law
Satisfied Customers: 444
Experience:  15 years experience in employment and criminal Law.
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in a 40 hr. week 5 hrs. are paid at min. wage for travel.basically

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in a 40 hr. week 5 hrs. are paid at min. wage for travel.basically 1 hr. per day. example in a 50 hr. week 5 hrs. of travel are taken from ten hrs. overtime and paid at min. wage remaining 5 hrs. are paid at time and a half. this is not consistant with hrs. worked under 40 hrs. is there a legal issue there?

Hey Paul, Can I get a little more information?


1. Does the 5 hours for travel count if you work only 35 hours in the office. (35 + 5 for travel total of 40 in the week?


2. In a given normal day, is the travel time included as part of an 8 hour or full work day?


3. Are paid straight hourly?


Interesting question. I look forward to the additional information.




Customer: replied 7 years ago.

(1) in 40 hr. week 35 hrs. are paid at regular hrly. rate. 5 hrs. are paid at minimum wage for total of 40 hrs.

(2) in an 8 hr. day 7 hrs. are paid full rate 1 hr. min wage.( but at end of week tot. travel time is subtracted from tot. hours so if you have 45hrs. 5 overtime hrs. are not paid at full overtime hrly rate instead paid at minimum wage time and a half.

(3) no, travel time is always paid at min. wage

OK, I appreciate the additional information.


This is a fairly unique situation. As you probably know, with a union agreement or a written contract, the employer and employee are theoreticdfally allowed to negotiate in good faith. Of course, what really happens is that employers say I'm paying X, "take it or leave it."


The law here would be defined by your state labor laws, however, they generally follow the federal Dep't of Labor. Under recent legal cases, the DOL has basically followed the rule that once you report to work, you are on the clock. So, if you rack up 45 hours, you are due 5 hrs overtime, period. Confusion arises when people are dispatched to workplaces to begin the day at other than the normal place of business. Here, you report to the main shop then go off on jobs or assignments. It sounds to me that you are on the clock. Remember, the employer is still benefitting for your time, because you are travelling in order to accomplish a job in which they will profit.


Now, it would probably be OK if you received the work assignment the day before, and you then commuted to that work site. In that instance, the company might very well be able to pay a differential pay bewteen travel and the actual work.


Paul, here is what I think you should do; first, try and visit with a local employment lawyer, there is no substitute for that, and second, you might visit with the local labor commissioner office, (usually the same place where unemployment is filed).


Keep in mind that any actual claim is going to strain relations, but I do think this warrants a second long look. Underpaid wages can be recovered at 2x loss, and the multiplier is 3X for willfull violations.


Good luck with this.




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