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  • hours Illinois

    Does driving time to a job count as hours worked? According to my employer they do. They told us our hours are 7-4 and drive time to the site counts(means I leave at 7). Is it hours per day or per week that is defined in legal terms? Here is my situation. I live near Chicago. Had a job in Pennsylvania. I left monday, was a 12 hour drive. Can my employer legally make me drive 12 hours in a day to be at a job site tuesday morning? I left at 7:30 am and got to my hotel at around 9 pm.

  • #2
    Your post in unclear. Are you asking about being paid drive time or the legailty of driving for 12 hours?

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    • #3
      Not all drive time is considered "work" time by the FLSA. The regulations regarding travel are included here:
      http://www.dol.gov/dol/allcfr/ESA/Ti...9CFR785.35.htm
      through 785.41

      Generally speaking, commute time is not work time, but there can be exceptions. However, in the example of a one-hour drive to the site, it's clear that the FLSA would NOT consider that work time, but since you are driving during your normal work schedule, that would almost certainly make it compensable hours. It does seem though that if the employer is counting ALL drive time to and from job sites as hours worked, they're likely doing more than is required by law.

      And yes, they can require you to drive 12 hours per day to get to the job site as there is no law preventing it.
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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