I understand anything over 40 hours in a week is overtime but does that include drive time. For instance, If I get to work at 7:00am and they send me out to do a job at 9:00am that is 3 hours away. I drive 3 hours to the job site, work 4 hours to finish the job and drive 3 hours back to the shop. I get back to the shop at 7:00pm. With a lunch break technically that is 11 hours work time for that day and I worked straight 8 hours the rest of the week which makes it 43 hours that week. Am I entitled to 3 hours overtime pay? :confused:

Unless there is an arcane exception, yes. Since travel between job sites is "hours worked", they must be included in the calculation when determining whether overtime is due.

You're not an OTR driver, are you?

I did read on another thread "The drive time in between assignments (not before the first assignment or after the last) is considered as work time." Does that mean the drive to that job (3 hours) because it is before the assignment and after the assignment is not paid? Or because I went to the shop first it is considered work time? I never drive from home to the job site, I always drive to the shop first. Does that make sense? Am I talking in circles?

No I am not an OTR driver, I build cabinets and countertops then deliver and install them for various stores. Sometimes because of the distance I have to stay overnight.

If you are required to be at the office at 7 a.m. and don't leave for the first job until 9 a.m., then the drive between the office and the job site is hours worked, and the reverse is true.

However, if you drive directly home from the last job site of the day or directly from home to the first job site of the day, that is considered commute time and is not hours worked.

Travel requiring an overnight stay has different rules.
Start here and read through 785.41
http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_785/29CFR785.35.htm

Thank you, that answeres my questions. :)

Okay I do have one more thing to ask. I received a letter to all employees, it's fairly long but can someone tell me if this is really legal?

Employees,

Travel time is paid to you to drive to the jobsite ONLY, and if it is more than 50 miles from the office. Travel time is ALWAYS paid at your regular hourly rate. You will not be paid to drive back from the jobsite. Travel time is when you are just driving to the jobsite to work.

The time you spend driving to the job is not counted as part of your 40 hour work week. This is paid over and above the 40 hours.

If you are delivering material to a jobsite, to either drop off or to install, you will be paid both directions. If you are picking up amterial to take to the jobsite, you will also be paid round trip. This is the ONLY time you will be paid both directions. This is not travel time, this is delivery time.

Example:

Monday: travel time 2 hours
Work hours 7 hours

Tuesday: work hours 8 hours

Wednesday: work hours 9 hours

Thurs.: travel time 2 hours
work hours 8 hours

Friday: travel time 1 hour
work hours 8 hours

Totals: travel time 5 hours
work hours 40 hours


You will get paid 45 regular hours.
__________________________________________________ _______________

Monday: deliver & install 9 hours

Tuesday: pickup & delivery 11 hours

Wednesday: work hours 8 hours

Thurs.: travel time 2 hours
work hours 7 hours

Friday: work hours 6 hours

Totals: deliver & install 20 hours
travel time 2 hours
work hours 21 hours

You will be paid 42 regular hours
1 overtime hour

Does this make any sense??? Is this legal? Can they pay you 45 hours straight time and not 40 hours straight and 5 hours overtime??

Any help would be appreciated.

Short answer. No. The regulations I gave you before are settled law. There is no gray area here, because you told us that you are required to go to the office first and return to the office at the end of the day.

So... I have to arrive at the company office at 5:45am to ride a shuttle bus 60minutes to the job site for a 7am start time.

We leave at 5:30pm and don't arrive home until about 6:30-7pm.

Does this constitute a 12-13 hour day?

BTW this is in the great state of North Carollina where our employers aren't required to give us notice of overtime, can terminate if we don't work overtime, etc. How nice.

DOWDegfan, considering this is in another state, and your situation may be somewhat different if you are a passenger and not the driver, please start your own thread.