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Only paid minimum wage for drive time? California

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  • Only paid minimum wage for drive time? California

    A friend of mine who works for a glass company does off-site work a majority of the time. He will meet at the glass shop around 6 a.m. and drive a company truck with other employees to the site (usually 2-4 hours away) and start working. He is required to work 8 hours on the site then head back to the shop (usually taking another 2-4 hours). His employer only pays him his normal hourly pay during those 8 hours on-site, so for the remaining 4-8 hours he is only paid minimum wage. So basically he is working 12-16 hour days and only getting paid for 8 because minimum wage is a small percentage of his hourly wage. Is there anything he can do?

  • #2
    As long as he is getting overtime at the appropriate rate, I don't see a problem here.
    Megan E. Ross, Esq.
    Law Offices of Michael Tracy
    http://www.gotovertime.com

    Disclaimer: The above response is a general statement of the law and should not be relied upon as legal advice. It only assumes the facts that are stated in the message. The above response does not serve to form an attorney-client relationship.

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    • #3
      Response

      Thanks for the prompt response. So it is okay that he is doing work related activities for 14 hours and is not recieving any overtime? Only minimum wage after the 8 hours? I am still unclear as to if this is okay.

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      • #4
        what I meant by "as long as he is getting overtime" is that if he is not getting paid his overtime, there would be a problem.

        If he isn't getting paid ovetime for hours worked over 8 in a day he should file a claim with the DLSE.

        He can get paid overtime at the minimum wage rate, if all his overtime is incurred during the travel. If he is working some overtime at the site, that overtime must be paid based on his regular rate.
        Megan E. Ross, Esq.
        Law Offices of Michael Tracy
        http://www.gotovertime.com

        Disclaimer: The above response is a general statement of the law and should not be relied upon as legal advice. It only assumes the facts that are stated in the message. The above response does not serve to form an attorney-client relationship.

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        • #5
          Amended Complaint

          Okay, so I had the situation wrong. He works for 14 hours, after 8 he is paid overtime, great. After 12 hours he is no longer paid overtime, he is paid his regular hourly rate for "drive time", is he not entitled to double time after 12 hours?

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          • #6
            He is entitled to doubled time after 12 hours, generally speaking. But that can be double minimum wage if that is what the company pays for the job he is doing at that time.
            Megan E. Ross, Esq.
            Law Offices of Michael Tracy
            http://www.gotovertime.com

            Disclaimer: The above response is a general statement of the law and should not be relied upon as legal advice. It only assumes the facts that are stated in the message. The above response does not serve to form an attorney-client relationship.

            Comment


            • #7
              Great, Thanks.

              Thank you.

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              • #8
                I thought that when different rates were paid the OT had to be paid at 1.5/2.0 x the regular rate, and the regulal rate was the "weighted average".
                I have been interested in employment rights for some time, however I am not a lawyer. Always consult with an attorney, as they are more knowledgeable.

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                • #9
                  Originally posted by joe916 View Post
                  I thought that when different rates were paid the OT had to be paid at 1.5/2.0 x the regular rate, and the regulal rate was the "weighted average".
                  Generally, that's true. But there is an exception, at least in the FLSA:
                  http://www.dol.gov/dol/allcfr/ESA/Ti...CFR778.419.htm
                  I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                  Comment

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