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Being Paid Two Different Labor Rates Virginia

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  • Being Paid Two Different Labor Rates Virginia

    So I work for a household moving company in Virginia. I was wondering if it is legal to be paid two different rates? I get paid $16 an hour to do the household moves but I only get paid $7.50 an hour for driving to the clients house. Mind you, I am driving a Penske truck which is provided by the company, and I am driving it from our job location to the clients house. Is this legal for my employer to do? If so, I need to find a new job. Most of our jobs are out of town or out of state, so the majority of the day is spent driving. Also, we have days which we call "auction days". On these days, we do not have any scheduled moves to do, so we have to go to our warehouse and sort through a bunch of items and drive them in the company vehicle to an auction place to be auctioned off, on these days we are only paid $7.50 as well and we are paid the $7.50 an hour for the whole day.
    Last edited by Scott6888; 02-23-2016, 08:15 AM.

  • #2
    Yes, that is legal as long as you are getting paid at least minimum wage for all hours worked and OT for all OT hours. The OT calculation will be based on your regular rate of pay which will be a pro-rated mixture of the two rates unless the employer has agreed to pay a higher amount of overtime. Your overtime premium will be lower in weeks where you are driving more rather than the household moves.

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    • #3
      Minimum wage for both VA and US is $7.25/hr. So far, everything you said sounds legal.
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)

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      • #4
        It is completely legal to pay different rates based on the type of work performed. It is not uncommon for travel time to be paid at a lower rate.
        I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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