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 Tina Your Own Question
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 33167
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
Type Your California Employment Law Question Here...
Tina is online now
A new question is answered every 9 seconds

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: 5 years ago.
Category: California Employment Law
Expert:  Tina replied 5 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:

Here is a link to file a complaint:

I hope you found my answer helpful; please click on the GREEN ACCEPT button above for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous. Thank you.

Customer: replied 5 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 5 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.