Does my employer have to compensate me for my drive time if I am an hourly employee?

UPDATED: May 28, 2012

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Does my employer have to compensate me for my drive time if I am an hourly employee?

Asked on May 28, 2012 under Employment Labor Law, Georgia


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It depends. Is this drive time work-related? If so, it is considered to be work time, and all such time is compensable. This means that you must be paid for it. Also, if this drive time puts you over 40 hours for the week, it must be paid as overtime. However, if you are referring to commuting time, then no you are not entitled to pay for that.

Note: You would also not be entitled to paid for drive time, even if it was work related, if you were a salaried employee (i.e. not hourly).

If you feel that your rights have been violated, you need to file a complaint with your state's Department of Labor (or its equivalent).

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 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.

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