Hi,

I am still a bit new in learning the laws of the FLSA so I still second guess myself a lot. I appreciate this board more than you will know :D

My son works for a company installing sound and video systems. He is paid by the hour and classified as non-exempt.

When he was hired he was paid $8 per hour. He is to report to work at 7:30 am and is then dispatched to the job(s) for the day. He was paid from the time he arrived to the time he left.

A few months later he received a raise to $13 per hour. However, at that time the employer stopped paying him for his time at the office before leaving to go to the jobs. He also stopped paying him for travel time between jobs during the day.

I can't think of any reason why this would be legal. The employer does have exactly 15 employees and due to the nature of the business I am sure he has more than $500k in revenue per year.

Can anyone think of a reason the employer wouldn't have to pay my son for all hours worked from arrival to departure?

Thanks for any insight!
Tracy

Not that I can think of. Patty? CMorgan?

Nope, no reason at all. The $500K threshhold doesn't even have to be met if the company transacts ANY interstate commerce.

They can, however, pay his travel time at minimum wage, if he is informed ahead of time.

He can show them this if he likes; the law is very clear.
http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_785/29CFR785.38.htm

Thanks very much for the link, that is very helpful.

I thought the same as you guys, but like I said, I do still second guess myself a lot

Thanks again,
Tracy

Just thought I would add this:

On my son's paycheck he (owner) lists their pay as commissions so I guess he is thinking they are straight commission employees? However my son gets the same amount per hour and doesn't sell anything. He installs audio and video equipment.

Regardless, he would still need to pay OT and travel time wouldn't he?

Thanks,
Tracy

Yes, he would.