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John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5733
Experience:  Exclusively practice labor and employment law.
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I'm a contractor that works company that want pay us

Customer Question

I'm a contractor that works for a company that want pay us any over time or drive time.Driving from Atlanta to Tenn is one thing but now they have us driving from Atlanta to Main we are only paid 12 per hr after we get there then drive back to Atlanta It takes me over 42 hrs to drive there and back.They do provide us with a Van and pay for gas but theyNow we have been told becaue we cant afford the tolls will will be charge 54 a peace. This is a part time employment
Submitted: 2 years ago.
Category: Employment Law
Expert:  John replied 2 years ago.
My name is John. I have over 13 years of legal and counseling experience in these types of matters, and I’m happy to assist you with your question today.
I'll need to ask you some preliminary questions before I can give you an answer to your question. Specifically what type of work is it that you do; be as specific as possible please. Also, are you actively driving or are you just commuting (i.e., is someone else driving). Lastly, during what hours does this travel it your regular working hours or is it nights and weekends?
Customer: replied 2 years ago.
We are a small group 12 to 15 men that does remodeling for Advance Auto and more of what that is ,when a store in getting a lot of new items we set up the store for the new items which we only have about a week to finish. This reading blue print resetting planograms and moving out old retail items and adding new items it. We work 10 to 14 hour days. Some times we get breaks and some time we dont this process takes about a week to 8 to 10 days then we drive back to Atlanta then wait on the next job which sometimes can a go over a month a waiting time.We start out at 7am and finish about 9pm.When I first started about three years ago we only work 10 hr days. Then we never had to read blue prints or anything like this. We work along with some Advance set up team members.Oh by the way they fly them to there stores they work with us and if they drive they do get drive time.Im home now and we travel 24hrs a day until we reach a hotel near the store.The next problem I have drove tractor trailor over road and I have to do most of the driving because of untrain drivers falling asleep under wheel this is scary.Not sure if you can help me at all or should I just let it go................William
Expert:  John replied 2 years ago.
I see. Here is the law on pay and overtime in your situation. You are supposed to be paid your hourly rate of pay for all travel time that is "in a days work". So if you normally work 7am to 9pm, you should be paid for that time, and if that brings you into overtime (i.e. more than 40 hours) for the workweek, then you should be paid overtime. You add the fact that you are actively driving, and what this means is you are actively working (you aren't just a passenger in a bus for instance). So, you are supposed to be paid for all the time you are personally driving and, again, if that makes your hours greater than 40 for the workweek, then you should be paid overtime.
What can you do about it. The Fair Labor Standards Act (FLSA) is the law that controls this. You may file a charge with the Department of Labor or hire your own attorney to pursue a claim. You'd be owed past due compensation and overtime, liquidated (double) damages and attorney fees for up to 3 years back. The employer cannot retaliate in any way against you for filing charge or lawsuit. If you are, that alone is a FLSA violation. To be sure if you do take action, the employment relationship isn't going to be great after doing so; the employer will look for a legal way to terminate your employment. Employees are hesitant to file charges while working because they don't want to make waives, and they most often wait until they find new employment to file charge or lawsuit.
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Expert:  John replied 2 years ago.
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