Is it illegal for my employer to not pay for driving time?

I clean houses for a living. My boss refuses to pay for driving time even though I am the one that is driving the work van. She clocks us out when we have to drive to each house. I feel like this is illegal considering I am technically still working. I am driving myself and the employees to all of these houses without getting paid.

Asked on June 27, 2012 under Employment Labor Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Hourly employees must be paid for all time worked--including driving time, if the driving is from the "office" to work or job sites, or from one work or job site to another. As a rough rule of thumb: your employer does not need to pay you for your morning and evening commute, whether you go to the office or directly to the first job work site (or home at the end of the day from either the office or the last job or work site), but all work-required travel during the day (such as from one work or job site to another) should be paid. If your employer  is not paying you for your work site to work site travel time, you may have a legal claim for unpaid back wages. You could contact the state department of labor to file a complaint or consult with a private attorney about bringing a lawsuit.


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.