My husband works for a site utilities company who has decided not to pay him for travel time to their jobsite an hour and a half away from their office, even though he is on the clock and in a company vehicle. He is a truck driver, but they have him leaving his truck on site and riding back and forth with a co-worker in another company truck traveling to the same site. His supervisor stated that because he is not actually driving the vehicle to the site that he does not have to pay him for the travel time. Am i wrong in assuming that since he is clocked in and in a company vehicle going to a company job site that he should in fact get paid for that time weather he is a passenger or the driver? Any help is greatly appreciated, he is losing 3 hours a day, which cuts his check by 15 hours weekly when he in fact is clocked in legitimately for nearly 50 hours a week!
As a general proposition, travel time from the office to work site is compensable, at least for purposes of overtime computation. However, if he is driving or a passenger in a vehicle weighing more than 10,000 pounds, then he may be exempt from overtime and the employer would not have to count (or pay) for this time for purposes of overtime. (If the time spent working and traveling totals less than 40 hours per week, then the employer can refuse to pay for the time but that must be explained in advance).
For the sake of this answer, I am going to assume your husband is entitled to overtime since he is driving for a site utilities company, and I am assuming he is an employee and not a contractor, The rules for travel pay are a bit tricky, but I will give you a simplified overview. Travel from home to work is usually not work time and doesn't have to be paid. Travel from home to a special work site in a different city from usually is usually work time and should be paid. Travel during the work day from site to site is work time that must be compensated. Whether an employee is driving or a passenger, or is in a company or private vehicle doesn't matter, if an employee is traveling on company business during work hours that should be paid time and count towards overtime. You should consult with an experienced Virginia employment attorney who will review your case and determine if your husband is covered by overtime laws, whether he is being paid properly for his travel and what to do about it. Some attorneys you can find through Avvo provide free initial telephone consultations. A letter from an attorney to the employer explaining the law can often be enough to solve the problem, but additional action may be necessary if the employer doesn't cooperate.
Please be aware that my answer discusses the law only generally and is not legal advice, nor does it create an attorney client relationship. You should not rely on answers in this Q&A without consulting an attorney authorized to practice law in your state to review the specific issues in your case. Keep in mind attorneys are not permitted by Avvo to ask for business here and our answers reflect that, but you may contact an attorney through their profile for a consultation. Thank you.
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