Travel time issue

UPDATED: Oct 1, 2022

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Travel time issue

Hello, so my husband works in construction and
is told that he has to be at his foreman house
at 5 am so they can drive work truck to the job
site but they will not start being paid until
7am is that legal?
He is an at will hourly employee

Asked on June 12, 2019 under Employment Labor Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, it is not legal. All time once the hourly employee arrives at the first location he is required to go to by the employer--in this, the foreman's house--including travel time from that first location to a job- or worksite is work time under the law (such as the Fair Labor Standards Act or FLSA) and regulations and court cases interpreting it. Your husband should be paid from 5am on. The additional time would also be considered when determining if your husband worked over 40 hours in a week and is owed overtime. Your husband could contact the department of labor to file a wage and hour 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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