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  • Texas

    My employer requires us to be at our shop by 7:30 then drive to a job site to work. He pays us from the time we get to the job site not at 7:30 Is this legal. Second, the only time he pays "drive time" is if we drive more than 30 miles from the office, then he pays everyone. Is that right.

  • #2
    For your first question only, not legal. By requiring you to stop at the shop first, the "clock" for FLSA hours worked purposes starts at the shop. If you instead reported directly to the remote job site, the "clock" would normally start when you arrive there.

    Your second question does not have an answer as worded. Commuting is normally not considered hours worked. There is no 30-minute rule, but there are rules about commutes to places other then the normal job site. The rules are in the 29 CFR 785.33 - 785.41.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)


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