Travel time issue

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year 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.


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