Is driving exempt from overtime pay if I drive a vehicle with a 44000 lb tag that requires a Class A CDL to haul equipment to and from a job?

UPDATED: Oct 1, 2022

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Is driving exempt from overtime pay if I drive a vehicle with a 44000 lb tag that requires a Class A CDL to haul equipment to and from a job?

I would drive anywhere from 5 to 10 hours a week to a job. Stay there all week working 10 hours each day and then drive back home on friday. I may have 5 hours total drive time and 5 work for Monday and Friday. Every other day would have 10 working hours for a total of 40 working and 10 driving and wasn’t paid for any overtime. I think considering the work vehicle and usually hauling equipment I should be paid overtime for driving as well.

Asked on September 28, 2018 under Employment Labor Law, Kentucky


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If *you* chose to live far from where you work, then this is considered your commute and you are not paid for it: people can choose to live far from where they live, but do not receive pay for extending their commute that way.
If you normally live close to your office/employer's location and *they* happen to have now assigned you to a distant job site, then you would be paid for this: driving time incurred at the employer's request, not due to where you choose to live, is work time and must be paid. 
Examples--I will use made up cities because I'm afraid I am not familiar with KY geography:
1) You live in Gotham City and apply for and get a job in Metropolis, which is 5 hours away. Rather than relocate your home and family, you chose to live in Gotham, drive to Metropolis on Monday, stay there all week,  the drive home Friday. It was your choice to take a distant job and your choice to not move closer to it--you are not paid for that.
2) You live in Gotham City and took a job in or near Gotham. Your employer took a contract to do work or provide services in Metropolis, which is 5 hours away. Your employer sends you to work in Metropolis. Because you took a job near home and it was the company which is now deploying you elsewhere, the travel time to/from Metropolis is work time and you must be paid for--including overtime as applicable.
If this is situation 2) and you are not being paid, contact the department of labor to file a complaint.

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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