A number of companies, including Best Buy and Black and Decker, have been hit with lawsuits for allegedly failing to pay their field technicians for drive time. Attorneys working with ClassAction.org now want to speak to anyone who drives between jobsites to help these workers determine their possible legal options moving forward.
Not Getting Paid for Drive Time?
Here's What You Can Do: Fill out the form on this page and tell us about it. After you get in touch, one of the attorneys we work with may reach out to you directly to explain how you may be able to recover your unpaid wages.
Can I Get Fired?
Federal law strictly prohibits employers from firing or otherwise retaliating against employees for exercising their legal rights.
How Much Does This Cost?
It costs nothing to talk to us, to speak with an attorney or to learn more about your rights.
If you travel between jobsites for work and you’re not being paid for this time, ClassAction.org wants to hear from you.
A number of companies have been hit with lawsuits alleging that they’re cheating employees out of pay – and overtime wages – by failing to compensate their workers for drive time. While not all drive time is compensable and every case's outcome will be different, one lawsuit against marketing powerhouse Acosta Sales resulted in a $10 million settlement for a group of 6,000 merchandisers who traveled between retail stores to make sure products were properly displayed.
We’re now looking to talk to people who aren’t being paid for drive time to help these people get in touch with attorneys for more help.
When Should Drive Time Be Paid?
According to the Department of Labor (DOL), time spent traveling during normal work hours should be paid. Commute time, however, generally is not compensable.
Is Travel Time Considered Overtime?
It depends on the type of work you perform and whether you’re an exempt or non-exempt employee.
For your travel time to be considered overtime, you must:
Be working more than 40 hours a week
Performing compensable drive time, e.g. driving between job sites, office locations, appointments, homes, etc. (commute time to and from work is generally not compensable)
A non-exempt employee
Under the Fair Labor Standards Act, a federal law that regulates overtime pay, there are two types of employees – those who are “exempt” from the law and therefore not entitled to overtime and “non-exempt” employees who are. According to the DOL, most employees are non-exempt and therefore entitled to overtime when working more than 40 hours a week. It’s important to keep in mind that the law determines whether you’re exempt or non-exempt – not your employer – and that things like job titles and being paid salary instead of hourly do not automatically exclude you from overtime pay.
California Travel Time Compensation Law
Like federal law, California regulations also say that traveling to and from work is not compensable, but that time traveling between assigned worksites should be paid. In California, however, all overnight travel and travel away from home is considered work time. Under federal law, this travel time is only compensable when it spans across normal work hours and/or requires the employee to work on a Saturday, Sunday or any other day he or she would not normally be working.
What Industries Are Affected?
Failure to pay for travel time can be seen across a number of industries, including retail and cable installation. In general, workers who have filed lawsuits over the practice generally had workdays that looked like this:
The employee drives to work to pick up supplies, meet with other workers, fill out paperwork etc. He or she then drives to numerous worksites/job sites/appointments throughout the day. These sites may be homes or businesses of the company’s clients. Unfortunately, these employees are only getting paid for time spent at the job sites – and not for time loading their vehicles with supplies, filling out paperwork after their appointments, or driving between locations.
Previous Lawsuits for Travel Time Compensation
A number of lawsuits have been filed seeking back pay and overtime wages for employees who weren’t compensated for travel time.
These employees include:
Story inventory workers
Cable and internet installers
Data collection solicitors, including those who travel from home to home to monitor consumers’ TV and media habits
In-home repair service technicians
Store merchandisers/retail representatives who travel between retail stores to make sure products are properly displayed
Company truck repairmen
Mobile technicians who draw blood (phlebotomist floaters)
Construction equipment repairmen
Utility and power technicians who repaired manhole covers
This list is not exhaustive. There are a number of positions that require travel time between job sites and this list is provided as an example only.
Not Getting Paid for Travel Time? Here’s What You Can Do
Fill out the form on this page and get in touch. One of the attorneys we work with may then call or e-mail you to learn more about your job and how you’re being paid. If the attorney believes you’re getting cheated out of wages, he or she can explain your options for filing a lawsuit. It costs nothing to talk to an attorney and you’re not obligated to take legal action if you don’t want to.