What to do if my husband’s employer doesn’t not pay for the drive time back to the shop?

My husbands employer doesn’t not pay for the drive time back to the shop. Wherever he is when hefinishes his last job is where he clocks out. He works for a small pool company so the location is always different. The drive back can be any where between 15 minutes and 45 minutes a day. Shouldn’t he be getting paid for this time? Also, he has been with the company for 4+ years, is he entitled to back pay as well?

Asked on August 1, 2012 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If he is required to drive back to the shop after his last job, then he must be paid for that time if he is an hourly employee; if he could go straight home from there, but chooses to go back to the shop, then they would not have to pay him.

If the shop does have to pay him, they potentially may be liable for a significant amount of back-pay for all the times they failed to pay, assuming he could prove the time. Your husband should speak with an employment law attorney to explore his options and recourse.


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