How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask John Your Own Question

John, Attorney
Category: Legal
Satisfied Customers: 3715
Experience:  Licensed and practicing attorney.
Type Your Legal Question Here...
John is online now
A new question is answered every 9 seconds

I am employed by an electrical contrctor in Shoemakersville,

Customer Question

I am employed by an electrical contrctor in Shoemakersville, PA and working on a site in Perth Amboy, NJ. I drive 2 hours each way every day, meeting at the shop to load up in the morning and unload at the end of the day. I have been getting paid straight time for those driving hours. I am getting 60 hours straight time per week doing this. By my calculations it adds up to almost $2k if OT pay is required.
Submitted: 1 year ago via Cornell Legal Info Institute.
Category: Legal
Expert:  John replied 1 year ago.
Hi, My name is XXXXX XXXXX I’m happy to assist you with your question today.

The employer is not correct in its interpretation of the law. The Fair Labor Standards Act (FLSA) is the law that controls this matter. Under the FLSA regulations travel time that is all in a days work is compensable and counts toward overtime. In other words, if you have 20 hours in a week just driving and are spending an additional 40 hours doing electrical work, then you are owed 40 hours straight time and 20 hours time and a half.

If your employer is not going to pay you this overtime, then the non-payment is a wage violation of the FLSA. You can report the violation to the Department of Labor - Wage & Hour Division. The Department will investigate the matter and try to resolve the matter with the employer. Finally, if the employer is not willing to pay, then the Department will likely sue the employer on your behalf. If you have to do this then I'd recommend you file a charge with the Department at its website here.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers. Thank you, XXXXX XXXXX wish you all the best with this matter.

John, Attorney
Category: Legal
Satisfied Customers: 3715
Experience: Licensed and practicing attorney.
John and 3 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Does PA law affect this at all. PA law provides that travel time may be paid at minimum wage I believe I read somewhere. However there is also a stipulation that to change your wage the employer must notify in writing before the next pay not sure if that would apply at all.


There is also the clause that when fedaral and PA law conflict whichever one has greater benefit to the employee takes precedent so that all may be moot.

Expert:  John replied 1 year ago.
There is no law in Pennsylvania that would allow an employer to only pay minimum wage for travel time. The regulations in fact state:

Hours worked - The term includes time during which an employee is required by the employer to be on the premises of the employer, to be on duty or to be at the prescribed work place, time spent in traveling as part of the duties of the employee during normal working hours and time during which an employee is employed or permitted to work; provided, however, that time allowed for meals shall be excluded unless the employee is required or permitted to work during that time, and provided further, that time spent on the premises of the employer for the convenience of the employee shall be excluded.

So you'd be owed overtime regardless of whether your claim falls under state or federal law. But whether you claim falls under federal or state laws depends on the amount of business your employer does - if it has in excess of $500,000 of sales generally it is covered by federal law. Generally, you'd prefer that the claim be federal...the federal Department of Labor simply has more resources to investigate claims and more power to enforce the findings.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Previous | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan

Meet The Experts:

  • Tina


    Satisfied Customers:

    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • Tina's Avatar



    Satisfied Customers:

    JD, BBA Over 25 years legal and business experience.
  • Ely's Avatar


    Counselor at Law

    Satisfied Customers:

    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • JPEsq's Avatar



    Satisfied Customers:

    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • Law Educator, Esq.'s Avatar

    Law Educator, Esq.


    Satisfied Customers:

    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • FiveStarLaw's Avatar



    Satisfied Customers:

    25 years of experience helping people like you.
  • Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.


    Satisfied Customers:

    7+ years of experience handling various legal matters.
  • Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.


    Satisfied Customers:

    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.