Does my employer have to compensate me for my drive time if I am an hourly employee?

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Does my employer have to compensate me for my drive time if I am an hourly employee?

Asked on May 28, 2012 under Employment Labor Law, Georgia

Answers:

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

Answered 11 years ago | Contributor

It depends. Is this drive time work-related? If so, it is considered to be work time, and all such time is compensable. This means that you must be paid for it. Also, if this drive time puts you over 40 hours for the week, it must be paid as overtime. However, if you are referring to commuting time, then no you are not entitled to pay for that.

Note: You would also not be entitled to paid for drive time, even if it was work related, if you were a salaried employee (i.e. not hourly).

If you feel that your rights have been violated, you need to file a complaint with your state's Department of Labor (or its equivalent).


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