For example, if a job starts in Odessa on Monday morning employees meet at the company yard and drive the company pick up on Sunday night to a hotel or Man camp in Odessa. The company is saying that they are allowing us the privileges of using their trucks so they don't have to pay us the 6 hours it takes to drive from San Antonio to Odessa.
Is this company in violation of the law as per FLSA
Other FLSA Violations
Employers are required, under federal law, to compensate their workers for every hour worked. This includes mandatory:
Time spent traveling for work
Are you classified as a full-time employee, or an independent contractor?
This information is not intended to be legal advice and does not establish an attorney-client relationship.
Case law exists establishing that all spent traveling during your normal hours should be compensated as a matter of law. In the oil and gas industry (which I assume you work in as a former San Antonio resident) employees typically work long hours every day of the week, and therefore you'd have a strong argument that this time spent traveling is compensable. In fact, CFR (Code of Federal Regulations) section 785.39 explicitly provides that travel hours on Saturdays, Sundays and holidays are compensable when the hours correspond to hours an employee usually works on the job. Additionally, if you were on a special one day work assignment (doubtful), this time could also feasibly be compensable.
Finally, and perhaps most importantly, if you perform any compensable work at the meet up site in San Antonio (i.e. picking up or carrying tools, perform other work, or receive instructions), your employer must compensate you.
Obviously, many other factors exist that must be weighed to determine if your employer owes you back wages. I suggest you contact an employment attorney with wage and hour experience through this website today. You can find my and other attorney's information on this site relatively easily and most of us provide free consultations. Good luck!
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