Am I entitled to overtime pay if the majority of my hours are spent driving?

Question

I work for a property preservation company, performing home and yard work. An average day consists of driving about 300 miles and stopping to do several jobs on that route. I am paid by the hour, in the vehicle or out of it. On average, I work 60-80 hours a week. I have worked as many as 108 hours in one week. I do not receive overtime pay, even though it has been brought to my boss' attention. My question is: Am I entitled to overtime pay after 40 hours, and am I entitled to back wages?

michr · Accepted Answer

unless this employer is exempt or the job performed is exempt then you are entitled to overtime......

now not all businesses are covered by FLSA (federal labor law), and for those businesses which are not covered in a couple of states overtime is for hours in excess of 44 or 48 hours but in most states the federal law and state law are the same, anything in excess of 40.......

i am not aware of there being an exemption for the job you have explained but many small businesses are not covered by any labor laws (depends on the state and size of the business)

if you and the employer are not in some way exempt then you are entitled to all the back overtime.... in most states you can go back for 3 years..........

? · Answer

Many jobs are exempt from overtime pay. Yours may be one of them.

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Am I entitled to overtime pay if the majority of my hours are spent driving?

2 Answers