Legal Question in Employment Law in Virginia

labor laws

I live in the state of Virginia. My husband works with a construction company. He is required to travel out of town. Some days he can travel up to 5 hours daily. My question is two fold... Per Va. state labor laws, can his employer withhold pay for travel time if he is not the one driving? And/or can he withhold pay if he is driving?


Asked on 10/15/07, 6:45 pm

2 Answers from Attorneys
Ruth Emily Kochard Ruth Emily Kochard, Counselor at Law

Re: labor laws

If you are asking is his travel time compensable--if he is a non-exempt employee he may be compensated for travel that occurs during and as part of his work day. (for work versus to and from work which is not compensable). If travel occurs overnight, wages should be paid for the employees regular working hours during such time. I see no difference whether he is driving or not--the issue is whether the travel time is required for the job.

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Answered on 10/16/07, 12:03 am
Michael Hendrickson Law Office Michael E. Hendrickson

Re: labor laws

It is unlikely that any formal labor laws in the Commonwealth address this particular situation which would more typically be covered in a contract of employment or collective bargaining type of agreement. (If there be no such

agreement, then whatever the employer says---is the way it goes in an employment at will jurisdiction like the Commonwealth of Virginia.)

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Answered on 10/15/07, 7:33 pm


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