Business Law

Ask a Business Lawyer. Get Business Law Questions Answered ASAP.

Ask a Lawyer,
Get an Answer ASAP!

Business Law
This answer was rated:

I have a small business in Florida, NC and Puerto Rico. I

I have a small business...
I have a small business in Florida, NC and Puerto Rico. I need to know the laws for each state and Puerto Rico regarding how I am supposed to pay my employees. We are a service company that requires plenty of driving from job to job on a daily basis. We provide our employees with company vehicles that they take home. Can you please tell me if we can pay them for the jobs they service and give them an hour of travel time per job or do we have to pay them from the time they leave their homes to the time they get home? Is another option to put them on salary? Please help me with the laws. Also, can you draw up a legal contract for this issue that we can provide our employees to sign?
Show More
Show Less
Ask Your Own Business Law Question
Answered in 2 minutes by:
4/4/2013
BizIPEsq.
BizIPEsq., Attorney
Category: Business Law
Satisfied Customers: 996
Experience: I am a business attorney. I represent individuals and companies with all business related matters.
Verified

TheLegalistEsq :

Hello, I will be assisting you.

TheLegalistEsq :

Just to confirm, you are would like to know how to pay your workers for travel time between jobs, is that correct? In addition, are your workers independent contractors or W2? For background information, can you describe what kind of service company are you?

TheLegalistEsq :

I look forward to your response

Customer:

Hi,

Customer:

That is correct. I need to know if we have to pay our employees from the time they start (leaving their homes) to the time they are under done working (to their home). Or can we pay them per job and give a bonus of an hour travel time per job. Our employees are w2. We do electrical work for corporate accounts.

TheLegalistEsq :

According to the FLSA (Fair Labor Standards Act) Travel time between job sites is definitely paid time, so employees must receive pay for that time. As far as the first and/or last job sites, if those job sites are in the “normal commuting area” of the employee then you do not need to pay extra. However if the first and/or last sites are outside the employee's “normal commuting area” then generally you account for the time it would take the employee to return to get to their normal commuting area. You must ask what is then “normal commuting area”? Well neither the FLSA nor nor the Wage and Hour Division of the U.S. Department of Labor define the meaning. So it is left up to you reasonableness. Personally I would err on the side of caution and add if you have the sense that they are going outside their commuting area just to be on the safe side.

TheLegalistEsq :

The FLSA applies to Puerto Rico as well.

TheLegalistEsq :

Please rate my answer. Thank you for using using Just Answer

Customer:

What if we paid our employees a salary? Would we still have to pay for travel, if the job is traveling from job to job?

TheLegalistEsq :

Even if you pay them a salary these are most likely non exempt employees (i.e. employees that are subject to overtime) therefore you need to do some math (yearly salary / yearly hours) and come up with their hourly rate and apply the hourly rate to the travel time.

Customer:

What do you mean when you say apply the hourly rate to the travel time? pay them salary plus their travel time from job to job? Do we have to pay them from when they leave their house to the first job site? Or start from their first job site to the second job?

TheLegalistEsq :

This is getting into an area that is outside the original question so I will briefly explain it and if you have any further questions you can start a separate question and request me.

TheLegalistEsq :

Most likely your workers are non exempt meaning that regardless of how you think you pay them, the Dept of Labor mandates that they get paid overtime if they work more than 40 hours a week. So you may think you're paying them 50K a year but in reality if they work 50 weeks at 40 hours each week then they work 2000 hours a year. If you divide 50K/2k the hourly wage would be $25. Basically the clock starts ticking from the moment they arrive from home to their "normal commuting area” and then proceed to the 1st job site. At the end of the day the clock would stop ticking when they arrived from their job site back to the normal commuting area. If the total time worked (including the drive time as just noted) in a week is more than 40 hours you will most likely need to pay over time based on the $25 an hour figure I noted before.

TheLegalistEsq :

Employment law is not easy...

BizIPEsq.
BizIPEsq., Attorney
Category: Business Law
Satisfied Customers: 996
Experience: I am a business attorney. I represent individuals and companies with all business related matters.
Verified
BizIPEsq. and 87 other Business Law Specialists are ready to help you
Ask your own question now
Ask BizIPEsq. Your Own Question
BizIPEsq.
BizIPEsq.
BizIPEsq., Attorney
Category: Business Law
Satisfied Customers: 996
996 Satisfied Customers
Experience: I am a business attorney. I represent individuals and companies with all business related matters.

BizIPEsq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

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

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... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...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

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.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, 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!!

ElaineAtlanta, 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.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Infolawyer

Infolawyer

Attorney

1,851 satisfied customers

Experienced lawyer

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,611 satisfied customers

Run my own successful business/contract law practice.

MShore Law

MShore Law

Attorney

1,233 satisfied customers

Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements

RGMacEsq

RGMacEsq

Attorney

751 satisfied customers

Licensed Texas General Practice Attorney

Barrister

Barrister

Attorney

646 satisfied customers

17 years practicing attorney, JD, BA, MBA

Ely

Ely

Attorney

577 satisfied customers

Counselor at Law.

J.Hazelbaker

J.Hazelbaker

Attorney

393 satisfied customers

Experienced and trained in the area of business law.

< Previous | Next >

Related Business Law Questions
I have a small business I have two contracts in a mine two
I have a small business I have two contracts in a mine two different planners asked me to do work I was told by several mine employees that one was the priority so I did that work the other planner go… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,695 satisfied customers
Law Educator, I have a small business and seeking to hire an
Good Morning Law Educator, I have a small business and seeking to hire an employee which the position would be bookkeeper or secretary. Since I am an orthodox religious jew, it is a requirement for th… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
What should we do? We are a small business with 8 retail
What should we do? We are a small business with 8 retail stores; that sells women's Swimwear. Today, we received an email through a feedback form (shows IP address; coming from his store) on our websi… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
1,851 satisfied customers
I have a question in regards to a small business my wife and
I have a question in regards ***** ***** small business my wife and I are looking into starting. We would like to get some insight on some of the legal issues we'd have to get covered for this busines… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,695 satisfied customers
We have a small business - professional services - as a
We have a small business - professional services - as a partnership LLC between two partners. Do you have an example of an "operating agreement" for such a business? we need a template so we can fill … read more
Ray
Ray
Lawyer
Doctoral Degree
30,828 satisfied customers
I own a small business and am being attacked and harassed by
Hi I own a small business and am being attacked and harassed by a group of people, who through social media Facebook are posting my personal office number and address, plus today posted a newspaper ar… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My son invested money in a small business that he also works
Hi, my son invested money in a small business that he also works for and is leaving the company. The owner has agreed to repay the investment plus interest. We feel there needs to be a legal document … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I recently applied for a small business loan. The lender is
I recently applied for a small business loan. The lender is affiliated with and funded by the U.S. Department of Housing & Urban Development and a partner of the U.S. Small Business Administration, U.… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
We are selling a small business and need the paperwork done
We are selling a small business and need the paperwork done for taking a note on it and other items pertaining to the sale. What type attorney should I be looking for? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have a small business in Mass. I purschased the bussiness
I have a small business in Mass . I purschased the bussiness in 2009 and paid the previous off in 2015. She has moved to Fl and is using my company name can that happen? … read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
1,851 satisfied customers
Im a (non-involved) part owner of a small business in
im a (non-involved) part owner of a small business in Georia. I was offered and paid money to sell my shares to my nephew. My partners lawyers wrote and states due to the corporate bylaws the sale is … read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,865 satisfied customers
I am negotiation legislation for a group of small businesses
I am negotiation legislation for a group of small businesses with a state agency. The agency is asking our industry for a price to provide a service we currently do not provide. To avoid federal and s… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My girlfriend has had a small business for over 10 years and
Hi My girlfriend has had a small business for over 10 years and she has operated as a Sole Proprietor the whole time. Im going to set he up here forward as a LLC in Mn. From a liability stand point, I… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I own a small business, when bought I had a contract with my
I own a small business, when bought I had a contract with my brother he gets 25% and my mom gets 25%. However he has never paid taxes on the money I've given him and my mother and now he says he wants… read more
Barrister
Barrister
Attorney
Doctoral Degree
646 satisfied customers
I am a small business owner and Paypal put a freeze on my
i am a small business owner and Paypal put a freeze on my account without notice and closed the account without appeal. They wouldn't allow me to issue refunds (I'm a small business owner and the $10,… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,316 satisfied customers
I'm working on starting a small business, and have had
I'm working on starting a small business, and have had mentoring sessions with a non-for-profit organization. The mentors there took notes for my business about markets, customers etc. for those sessi… read more
RGMacEsq
RGMacEsq
Attorney
Doctoral Degree
751 satisfied customers
Are there any legal funds to support small business owners
Are there any legal funds to support small business owners especially female small business owners? I heard legal aids programs usually support consumers instead of small business owners. Thanks.… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Have a small business Franchise. The contract and property
Have a small business Franchise. The contract and property lease is up in May 17. We have put in over 100K of personnel funding over 5 years and not taken nothing out, not even wages. We owe somewhere… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
1,851 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x