My husband is a laborer for a Landscaping company based out of NJ. Recently they contracted new jobs out of NY. He travels from our home picks up his crew and goes directly this new site (with a company provided van). His travel time is usually about 2 hours a day driving to and from the job. His employer has now informed him that Those 10 hours of driving a week will not be paid as overtime but "Straight time" and if there are any additional "actual work" hours incurred past the 10 hours of driver time then that will be considered overtime calculated as time and a half. My husband has no problem with this new "deal" with the company (family owned), but some employees are questioning if it's legal. And since my husband is their supervisor he is also concerned.

If your husband had to drive from home directly to the job site, with his own car or a company provided car, it would likely be commute time and no pay required.

However, he appears to be required to go to someplace and pick up the rest of the crew.

I would think that his time from home to that place is his commute time, but, once he gets there, even if the crew is not present, he is on the clock until he returns and drops them off.

Agree with ScottB.

If your husband had to drive from home directly to the job site, with his own car or a company provided car, it would likely be commute time and no pay required.

However, he appears to be required to go to someplace and pick up the rest of the crew.

I would think that his time from home to that place is his commute time, but, once he gets there, even if the crew is not present, he is on the clock until he returns and drops them off.

Thanks, but is it illegal for the company to pay him "straight time" instead of time and a half only for the time he spends driving? Over 40hours/week is overtime generally, but if those hours over 40 are spent "driving" they want to pay them at his regular rate instead of time and a half. Thanks

If the drive hours are compensable, they are "hours worked" just like any other hours worked. Accordingly, if the drive time plus the productive hours exceed 40 in a workweek, overtime and 1.5 times the regular rate of pay must be paid. This does not preclude the employer from paying the drive time at a lower rate, however, even as low as minimum wage, they may do that.

Agreed with PattyMD (who is really PattyPA).