Legal Question in Employment Law in Illinois
I have a question regarding the employment practices of my employer. Specifically, we are not paid for time driving to and from job locations most of the time, even though this time is consistently 2 to 4 hours a day. This is time spent driving the company vehicle from the reporting location to the job location. This practice appears to be a violation of labor law requiring employees to be paid while travelling for work. Driving from the reporting location to the job site should not be considered commuting time, so it is unclear to me how the employer is not paying the employees for this time.
Thank you for your timely response.
1 Answer from Attorneys
You are right that this "travel" time sounds like it is "compensable," meaning on the clock work. This sounds like a company-wide practice. FLSA and the Illinois Wage Payment Act require employees to be paid for all time worked. An employee is entitled to the unpaid wages, attorney fees, and liquidated damages. The law also protects you against retaliation by the employer for asserting your rights in this area. It is important to have counsel experienced in these matters who can help you navigate the waters here. Please feel free to contact me for a case evaluation. BTsamis@@TsamisLaw.com.