Legal Question in Employment Law in Arizona

I work construction. My company has sent me out of home area for a job. They are paying a per deim and paying for a Motel. However, the motel is 1 hour from the job site. They are saying it is up to us to pay for gas to and from the job site and they are not paying drive time. Can they do this? This is a previeling wage job on an indian reservation.


Asked on 8/28/09, 12:24 pm

1 Answer from Attorneys
Blake Simms W. Blake Simms, P.C.

Thank you for the inquiry. Whether the company needs to pay you for the drive time will depend, in part, on whether you are exempt or non-exempt under the Fair Labor Standards Act. If you are non-exempt, i.e., you receive overtime for hours over 40 in a workweek, and the drive time puts you over 40 hours, you would be entitled to receive pay for them.

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Answered on 9/02/09, 12:39 pm


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