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


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.

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