Legal Question in Workers Comp in Virginia

I worked for an electrical contractor as a helper. I earned an hourly wage. The owner's policy was we were to record when we finished working on our last job of the day. That might be 3:00 PM and it regularly took over an hour to drive back to the shop. We didn't get paid for the drive time back to the shop. Is it legal for the owner to do this or was I legally entitled to receive pay for my drive time back to the shop?

Asked on 12/11/17, 10:00 am

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

According to the Fair Labor Standards Act (FLSA) if you're a so-called nonexempt employee,,i.e, not a company

supervisor or manager then you're entitled to compensation for the hours described (driving back to employer's shop)

if your total hours (including this type of driving time) exceed 40 hours in a given work week and for which your

employer must pay you time and one half.under the federal FSLA for all hours exceeding 40 in such a week.

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Answered on 12/11/17, 1:38 pm

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