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No overtime for drivetime?

Discussion in 'Lawn Mowing' started by Chitown King, Jul 9, 2008.

  1. Chitown King

    Chitown King LawnSite Member
    Messages: 51

    Talked to another LCO in the area today and he mentioned that he does not pay his employees OT for drivetime between jobsites. He does pay regular pay, but not overtime.

    Does anyone else do this? Is it legal? I tried to research but seems like it may vary state to state and could not find Illinois law.
  2. mybowtie

    mybowtie LawnSite Senior Member
    from NY
    Messages: 683

    WOW...I wouldnt be working for him....If your working over 40hrs per week
    (some states may be over 8 a day)...It dont matter if your sittin in a truck or on a mower...............:usflag:
  3. wannabemowing

    wannabemowing LawnSite Member
    Messages: 106

    Where I work my boss/owner does not pay OT either. I have never understood it because I thought OT had to be paid for anything over 40 so I am really looking forward to hearing others opinions on this as well, I'm from MN though so things might be different.
  4. Chitown King

    Chitown King LawnSite Member
    Messages: 51

    I have been researching for an hour now, and I have heard of many contractors in various industries doing the same thing. I cannot get a definitive word anywhere that it is legal or illegal. I would think these guys got this idea from somewhere but who knows.

    Hopefully someone reading this can shed some light.
  5. J&A Lawn Care

    J&A Lawn Care LawnSite Senior Member
    Messages: 436

    I know in NC anything over 40hrs is automatic OT.If the employer dpesn't pay it all you have to do is call the labor board.If you have been working for your employer for say 2 years then they will make them back pay you everything

    CLARK LAWN LawnSite Silver Member
    Messages: 2,526

    in ohio you dont have to pay OT till after you have so much in gross sales per year. i believe it was $300,000.
  7. Diamond Dave

    Diamond Dave LawnSite Member
    Messages: 62

    OT should be paid for anything over 40 period. That is bs in my opinion. I know I wouldn't work for that LCO.
  8. carcrz

    carcrz LawnSite Silver Member
    Messages: 2,085

    anyone know where to look or who to ask for a definitive answer?
  9. wils124

    wils124 LawnSite Member
    Messages: 9

    In my experience, you probably will not find a definitive answer without talking to an attorney. For the sake of full disclosure, and at the risk of my lawnsite colleagues losing all respect for me, I am an attorney. I should note, for my own peace of mind, that this posting is not, in any way, legal advice.

    Overtime regulations are complicated because, in most cases, there are federal regulations and state statutes that both apply. State and federal statutes, in some cases, will not require that employees of mowing companies be paid overtime because mowing may be considered an "agricultural" endeavor. Many states exempt agricultural jobs from overtime pay. Other states may treat mowing like any other profession and require that overtime guidelines be followed. Some state laws will exempt crew foremen, especially those who are salaried.

    The long and short of it is that whether someone should get overtime will strictly depend on their state, job duties, the manner in which they are paid (hourly versus salaried), whether mowing is agriculture, etc. Talking to an attorney may be the only way to get a concrete answer.

    For those of you that want a better idea of whether overtime applies to you, many states have websites that discuss their overtime regulations. There may also be toll-free numbers that you can call. To find this information google something like "(insert your state here) overtime regulations."

    Further information about Illinois overtime law can be found at: http://www.state.il.us/agency/idol/faq/qamwot.htm
  10. BayouFlyFisher

    BayouFlyFisher LawnSite Member
    Messages: 35

    Employee travel that is within the assigned work day should be calculated in the overtime formula. All an employee has to do is file a report with their State’s Department of Labor (or whatever their state calls it) saying they are not getting paid their overtime correctly. The State will perform an audit and the employer will then be required to pay all the earned overtime to all the employees involved and there will be a fine involved.

    I know some employers have read that travel time doesn’t always count as overtime hours, but there are very specific circumstances where that is true. And the main one is that the travel has to be away from the employee’s normal work area (out of state, out city, etc.) and not be during the employees normal work schedule.

    Travel That Is Hours of Work Under the FLSA (Fair Labor Standards Act)
    For FLSA-covered employees, time spent traveling is hours of work if-
    • an employee is required to travel during regular working hours (i.e., during the regularly scheduled administrative workweek);
    • an employee is required to work during travel (e.g., by being required to drive a company vehicle as part of a work assignment);
    • an employee is required to travel as a passenger on a 1-day assignment away from the official duty station; or
    • an employee is required to travel as a passenger on an overnight assignment away from the official duty station during hours on nonworkdays that corresponds to the employee's regular working hours. (See 5 CFR 551.422(a).)
    Note: An employer may not adjust an employee's normal regularly scheduled administrative workweek solely to include travel hours that would not otherwise be considered hours of work.

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