Legal Question in Employment Law in Washington

travel wage

a crew of 30 meet at a company appointed spot.co. vans are provided for the crew to travel to the job site.our job site covers 3 states in all.the employer could not perform its job to the customer with out the meet spots and vans to transport us to the job site.the company provides us with lodging for 8hrs sleep each night we are away from home.*question in example;how should the travel pay and or be by law. one week we may be gone 96hrs from home while working several job sites. actual travel time may be 30plus hours.work may be 4hr one night.next day5hr.next night3hr.next day6hr before we finally travel home.work during those days we receive 18hrs reg pay.the travel pay however is at a reduced rate and 1hr is deducted from that for the first hr of travel every time we get in the van till we arrive home.also a lunch is removed from pay even if not taken.30 hrs of over all travel may end in 22hrs in a reduced wage payment. 96hrs working and traveling from home.for 40hrs of adjusted pay. Thank You


Asked on 1/01/08, 12:00 pm

1 Answer from Attorneys

Susan Beecher Susan L. Beecher, Atty at Law

Re: travel wage

Interesting wage structure and interesting question; my first thought was that maybe they are trying to confuse you so much that you don't complain. I did some research on your questions and found that cases fall on both sides of the line. In one case, Brink's workers who were required to be at a pickup point to receive their work assignments were entitled to pay for travel time. However, in another case, prison workers who were required to take a particular ferry to the island where the prison was were not entitled to pay while on the ferry. What workers are entitled to seems to be quite fact specific. So what follows is an educated guess.

I don't think your employer can deduct an hour from your compensable travel time. They probably can pay it at a reduced rate, so long as it is above minimum wage and so long as you have notice when hired that they will do so. Under Washington law, your employer has to give you the 30 minute meal break (though it can be unpaid) if you work five hours or more. The legal problem for them is not that they don't pay you, but that sometimes they don't give you the break.

Other laws may also apply when you are in the other two states besides Washington.

I would recommend that you talk to the Dept. of Labor & Industries about your particular case. This is a lot cheaper than paying an attorney to do a more thorough study after getting more details from you. I am assuming there is no union in the picture, because if there were, terms of the contract would determine your rights also.

I hope this helps.

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Answered on 1/01/08, 6:14 pm


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