Drive Time Pay vs. Minimum Wage Page

[WBService]

What is the name of your state? IL, however, I would like to know how this applies to state and federal mininum wage laws:

I believe drive time pay can be paid at less than an employee's hourly rate, BUT can drive time be paid at less than state or federal minimum wages?

Also, can some employees in the same functions be paid at their full hourly rate, while others are paid at a different rate?

The main question is: Can an employee be paid at $4 per hour for drive time when the Federal Minimum is $5.15?

Do drive time hours count against daily and weekly overtime hours?

 

[pattytx]

If your drive time is compensable hours, such as driving from job site to job site, then at least minimum wage must be paid, either federal or state, whichever is higher. And as compensable hours, they must be included when determining whether overtime is due in a particular work week.

And is it perfectly legal to have employees work two separate "jobs" at different rates, for example, an accounting assistant and a data entry operator.

 

[WBService]

Thanks PattyTX. I believe you have answered my question, but let's make sure.

I am an hourly employee of the company - I am not an independent contractor. Let's say my pay for in-store work is $14 per hour. The company asks me to drive 100 miles to another store (and back) and I agree. But they only pay me $4.50 per hour while I am in my car driving from one store to another. I assume they are wanting to pay me this as an "expense", but it takes me 2 hours each way, or 4 hours total.

I think I should at least be paid at the federal minimum wage, and my 4 hours should go against my 40 hours per week. What reasoning could they use to ignore that?

Thanks so much!

 

[pattytx]

They could ignore it because they're stupid, and they think you are too, or they want you to file a claim for failure to pay minimum wage.

 

[WBService]

Thanks Patty,

BUT, why would they WANT me to file for failure to pay a minimum wage claim? If they have to pay me, they would have to pay many, many others.

Can they fire me if I file a claim based upon the drive time pay issue?

Thanks again, you've been a great help.

 

[pattytx]

Well, they can, but in most states, if not all, firing an employee for claiming rights to which they are legally entitled is a violation of public policy and, as such, the employer can be fined for doing it. You could also then amend your wage and hour complaint to include wrongful termination.

Maybe I'm being too cynical and they really are just ignorant of the law. I doubt it, but it's possible.

 

[WBService]

Thanks Patty. I will let you know how it turns out.