Can a employer not pay you for travel time from the shop to a job site

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Can a employer not pay you for travel time from the shop to a job site

My employer has been paying us 2 hours
to travel to a job site which is how
long It takes now they say they they
will only pay us 1 hour each way with 8
hours on the job site and 2 hours each
way of travel we will only be getting
paid for 10 hours when we actually work
12 can they do this

Asked on October 1, 2016 under Employment Labor Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

So long as communting time is not included (i.e. from home to the office), an employee is entitled to be paid for travel time from the office to a job site or sites. This is considered to be work time which is compensable. If your employer is not paying you wages for this time, you can contact your state's department of labor and file a wage complaint, sue for your lost wages in small claims court and/or consult with a local employment law attorney.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If you are hourly (i.e. not salaried) and you travel from your office/shop to the job site, you must be paid for *all* time spent traveling: all time spent on work-related travel during the workday, from the time you first show up for work to the time to leave to go home (that is, everything  but your commute to/from work) is compensable work time and must be paid. If your employer will not pay you for this time, you could contact the state department of labor to file a wage and hour complaint or else sue (e.g. in small claims court) for the money.


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