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Drive time considered overtime?

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  • Drive time considered overtime?

    My company is now starting this....they are saying that drive time wont be considered OT...that we actually have to "work" in the shop or on the job for it to be considered OT....so if I drove 2 hours each way and already had a 40 hour workweek...those 4 hours that should be OT they are just paying straight time......so my question is what is the law regarding "drive time"...

  • #2
    Drive Time

    Drive time is covered by the Portal-to-Portal Act. It says that the trip to and from work is not considered work time, even if the work is a different site each day. If the employee is required to work while commuting, such as being required to make telephone calls, etc., while on the bus, it must be considered work time.

    Let me know if you have any other questions.
    Lillian Connell

    Forum Moderator
    www.laborlawtalk.com

    Comment


    • #3
      another question on drive time

      Ok, I understand the drive to work....BUT..here is the thing..I drive the company truck...is it considered OT (if I have my 40 hours in) if I drive FROM the shop 2 hours to the site to the and then back to the shop..the boss is saying that you have to "physically work" the 40 + to get the OT..so any drive time..from job to job taking company truck, transporting tools, etc...he is saying that that wont be considered OT...just another 4 hous of straight time...In the past we have gotten paid for the hours we worked (driving from job to job included) and he was paying lots of OT, that is why he is starting this "drive time" will not be paid as OT...

      Comment


      • #4
        Drive Time

        The drive time in between assignments (not before the first assignment or after the last) is considered as work time. If he is caught, he will end up paying the wages plus he may get a hefty fine.

        Let me know if you have any other questions.
        Lillian Connell

        Forum Moderator
        www.laborlawtalk.com

        Comment


        • #5
          Ok so then he should conitune on what he was doing by paying the OT if it is drive time on the job then.....how do we go about reporting this....

          Comment


          • #6
            Wage Claim

            What state are you in? You can make a claim through the state (in most cases).

            Note: some states have even more stringent rules for overtime.

            Once I hear from you, I can direct you to the right spot.
            Lillian Connell

            Forum Moderator
            www.laborlawtalk.com

            Comment


            • #7
              FLORIDA
              and we dont want the boss to know that it was us that has complained because we dont want to get fired or anything...thanks

              Comment


              • #8
                Wage Claim

                You can talk with the US Department of Labor Wage and Hour Division at 1-888-487-9243. (Florida directs its residents to the DOL.) You can talk to them about confidentiality. Also, federal law prevents employers from retaliating against their employees for filing a wage claim.

                Good luck and keep me informed.


                Lillian Connell

                Forum Moderator
                www.laborlawtalk.com

                Comment


                • #9
                  What about NC?

                  I have pretty much the same scenario drive the work truck to work and then to jobs all day then back to shop and go home but my employer also wants to say drive time so pays straight time. I live in NC. thats not legal there is it?

                  Comment


                  • #10
                    Originally posted by Rastan View Post
                    I have pretty much the same scenario drive the work truck to work and then to jobs all day then back to shop and go home but my employer also wants to say drive time so pays straight time. I live in NC. thats not legal there is it?
                    Rather than jumping on a 3 year old thread, why don't you start your own?
                    Not everything that makes you mad, sad or uncomfortable is legally actionable.

                    I am not now nor ever was an attorney.

                    Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

                    Comment


                    • #11
                      Originally posted by Rastan View Post
                      I have pretty much the same scenario drive the work truck to work and then to jobs all day then back to shop and go home but my employer also wants to say drive time so pays straight time. I live in NC. thats not legal there is it?
                      Federal rules start with the following regulation and go to around 785.41. I do not know what NC rules (if any) are but it is not possible for state rules to be any less favorable to you then the federal rules.

                      Use the following rules to determine what are legally "hours worked". Once you have that, overtime is normally a function of "hours worked past 40 in the work week". There are several hundred small overtime exceptions, but nothing you have said so far indicates that any of these are applicable. There is nothing in the federal rules which would allow a driving hour which is legally considered to be a hour to be excluded for overtime purposes. However, your employer could in theory pay driving time at a different rate then your other hours worked, assuming minimum wage rules are followed, and that proper notification (whatever your state says is proper) is followed.

                      http://www.dol.gov/dol/allcfr/ESA/Ti...9CFR785.33.htm

                      I notice this is your first post. Every board has it's own express or implied rules. This board has a rule that they like having people put their questions in their own threads. It is often harder on the unpaid responders to have to wade through unrelated questions and answers to get to the current question. Many responders (like me) will not bother to even read the question if the poster makes it too hard to get to.
                      "Reality is that which, when you stop believing in it, doesn't go away".
                      Philip K. **** (1928-1982)

                      Comment


                      • #12
                        Drive Time for a requested Out of Town Trip

                        If I normally work driving a delivery truck locally then I am requested better yet TOLD that I must make an 8 + hour drive one way to pack up a new employee What ever time it takes....then spend the night and drive back the 8 + hours. Do I get paid while behind the wheel of the truck no matter how many hours it takes plus the packing and unpacking of the new employee.

                        Comment


                        • #13
                          Originally posted by mommaw_moo1 View Post
                          If I normally work driving a delivery truck locally then I am requested better yet TOLD that I must make an 8 + hour drive one way to pack up a new employee What ever time it takes....then spend the night and drive back the 8 + hours. Do I get paid while behind the wheel of the truck no matter how many hours it takes plus the packing and unpacking of the new employee.
                          Duplicate Post
                          Somedays you're the windshield and somedays you're the bug.

                          Comment


                          • #14
                            Originally posted by mommaw_moo1 View Post
                            If I normally work driving a delivery truck locally then I am requested better yet TOLD that I must make an 8 + hour drive one way to pack up a new employee What ever time it takes....then spend the night and drive back the 8 + hours. Do I get paid while behind the wheel of the truck no matter how many hours it takes plus the packing and unpacking of the new employee.
                            Let me get this straight.

                            You didn't like the answers you got from the first time you posted, so you decided that the best thing to do was to start hijacking OTHER people's threads?

                            And three year old threads at that?

                            It is considered very rude to hijack someone else's thread... and really rude to just keep repeating your question over and over until you get the answer you hope to get.
                            Not everything that makes you mad, sad or uncomfortable is legally actionable.

                            I am not now nor ever was an attorney.

                            Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

                            Comment


                            • #15
                              to cyjeff

                              I appologize for Hi-Jacking as you called it....I never join in on chat Rooms ...but was looking for answers....I was not trying to jump in on someone's else's Turf....so for you to jump onto a new person to the crowd was petty and rude as well. Thank you for your time...and So-long....as to answers to my questions...I thought this was what this site was all about....Excuse ME.....just a poor old dumb county bumpkin...to read the way you put it....

                              Now have a Nice and safe Holiday....I've got better manners than to Rudely jump in if I had known that was what I was or had done.

                              Comment

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