For what time is an hourly employee entitled to be paid?

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For what time is an hourly employee entitled to be paid?

I work as a bus monitor and I get paid 6 hours a day. However, I step on the bus at 5:15 in the morning and step off at 8:30. In the afternoon I step on the bus at 1:15 and step off at 4:30. This gives me 6 hours and 30 minutes a day. however, they are only willing to pay me 6 hours and 15 minutes due to what they call as “10 minutes travel time”. However, I am not in my car at this time, I am on the bus. Wouldn’t the FLSA cover this as “all in a days work” and it be mandatory that we get paid for this time? In addition, they wrote new times on my timesheet without me signing it.

Asked on August 30, 2011 Tennessee

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The issue is not when you get on the bus, but when you start working. If there are 10 minutes that you are not on working and--very important--not required to be on the bus, but are simply using it as an alternative to having to drive to some location to meet the bus, then they would not have to pay you. However, if you are required to get on the bus, that would constitute work, since it is generally held to be work if you are at a location for the employer's benefit or at its command and not for your own benefit. If that is the case, it would be considered work and you should be paid. You could contact the labor department if you think you are owed money, or else consult with your own emploment attorney. Good luck.


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