Berger & Montague, P.C. is investigating potential class
action lawsuits on behalf of workers who travel between jobsites
should workers be compensated for travel time?
Department of Labor (DOL) states that employees who travel for work
during normal business hours should be paid for travel time. This
does not include time spent commuting.
travel time ever count as overtime? Yes.
Your travel time can be considered overtime if you meet the
- You work more than 40 hours per week
- You perform compensable travel time (driving between job sites,
office locations, meetings, homes, etc.).
- You are a non-exempt employee under the Fair Labor Standards
Under the FLSA, a federal law that establishes minimum wage,
overtime pay eligibility, recordkeeping, and child labor standards,
most employees are entitled to overtime pay at a rate of 1.5x their
hourly wage. However, there are "exemptions," or employees who do
not qualify for paid overtime.
Exempt employees typically include:
- Executives: Anyone whose primary duty is to
manage a company or a department within a company
- Administrators: Anyone whose primary duty is
to manage general business operations
- Learned Professionals: Anyone whose work
requires advanced knowledge in a particular field
- Creative Professionals: Anyone whose work
requires imagination and talent in a recognized artistic field
- Computer Professionals: Anyone employed as a
computer systems analyst, computer programmer, software engineer,
or other similar professions
- Sales Professionals: Anyone whose primary duty
is to make sales and is regularly engaged away from the office
- Highly Compensated Employees: Anyone who earns
$100,000 or more annually
If you are not an exempt employee and meet the other two
requirements, your travel time can be considered overtime.
jobs qualify for travel time compensation?
Travel time compensation apples to a number of jobs and
industries, but some common examples include:
- Copier/printer technicians
- Store inventory workers
- Cable and internet installers
- Data collection solicitors
- In-home repair service technicians
- Store merchandisers/retail representatives who travel between
retail stores to make sure products are properly displayed
- Company truck repairmen
- Construction equipment repairmen
- Utility and power technicians
- Door installers
If your job requires you to travel between worksites and you do
not receive travel time payment, contact Berger & Montague. You
may be able to file a class action lawsuit.
have to pay to consult with an attorney?
We are happy to talk with you about your potential claims free
of charge. If we decide to represent you in a lawsuit, we will
enter into a written contingent fee agreement with you. A
contingent fee agreement means we only get paid if we win, and that
we will receive our fees from the amount paid by the Defendant in
Please contact us to discuss the details of your case. You
- Use the contact form on this page ("Inquire About Your
- Email firstname.lastname@example.org
- Call (800) 424-6690
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