What can I do if my employer is not paying drive time?

UPDATED: Oct 1, 2022

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What can I do if my employer is not paying drive time?

I’m a construction worker and am forced to drive to the company’s shop then from the shop to a jobsite. We work residential so it’s all random locations. Regardless, they are saying even though we aren’t allowed to drive our personal vehicle we aren’t getting paid drive time. However, I find this not fair since if I’m forced to clockout and I’m not allowed to do as I wish I can’t kick up my feet and crack open a beer like if I was at home. Essentially that’s the way I see it since when you’re not clocked in you should be able to do as you wish. I think I deserve to get paid to drive in the company vehicle since I’m forced to drive one and I have to come to and from the shop

every morning and evening.

Asked on October 23, 2017 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The general rule is this: regardless of the vehicle (personal or company), you are not paid for your first commute to work at the start of your workday (home to shop, or home directly to worksite) and last commute at the end (shop or last worksite to home). You *are* paid for all interim driving time in between those, which are regarded as work time; so if you drive home to shop, then shop to jobsite, then jobsite to shop, and shop to home, the middle drives should be paid--just not the drives to/from home. If not being paid for those mid-day drives, you are not being paid for all your worktime, but if you are an hourly employee, you should be. You may wish to contact your state department of labor about fiing a wage-and-hour complaint.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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