Legal Question in Employment Law in Texas
Pay or no pay
My husband works at a coal mine. The company requires their employees to be in a company vehicle 15 minutes before their shift begins, to drive them to their equipment. At the end of the shift, they are picked up from their equipment and it takes about 20-30 minutes to get back to the yard. Is it legal for the company to pay only the driver and not the rest of the people in the vehicle?
1 Answer from Attorneys
Re: Pay or no pay
The Fair Labor Standards Act covers whether an employer must pay its employees for travel and preparation for work time. This is a specialty I have experience with and have written an article on it, "What is work? Compensable activities under the FLSA." It is very likely that your husband should be paid for this time but, due to the complex nature of this type of claim, I would need to discuss with you and your husband the circumstances of his work. Please let me know if you would like to discuss this matter further.