Q. We currently pay employees for time spent driving from the office to work sites. We pay minimum wage for that driving time, but we don’t count those hours toward “total hours” worked for the week. That keeps overtime down because their hours aren’t accumulating until they arrive at the job site. Is this OK? — J.F., Florida
A. Definitely count the hours. Fair Labor Standards Act regulations—and court decisions applying those regulations—under these circumstances require you to consider the driving time as “hours worked” for overtime purposes, even if you pay a lower rate for the travel time.
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Sad but true: Sick employee may not get unemployment
- Legislation will end employers' annual wage-notice scramble
- Consult your attorney for expert assistance on workers' compensation disputes
- Variable pay is where workers will get bigger bucks