Q: Can I sue my employer for not paying me while on their time?
I work from 6am to 4:30pm. My employer makes me ride a bus to and from work, which takes approximately 30 minutes going and approximately an hour or two from because of traffic. The bus times in the morning start at 4:30, and the last bus leaves at 5:20. I only get paid for ten hours a day and not for my travel time.
As a general rule, no. The Portal to Portal Act of 1947 states that travel time prior to the start of the day's work is not paid time. However, there are exceptions - for instance, if you perform any work while on the buses, or perform any work *before* you get on the bus in the morning, then the time should be paid. Given the amount of time at issue, I would suggest consulting with a local employment attorney for a more detailed answer based on the specific facts of your case.
Also, you say that you are paid ten hours a day but sometimes the last bus doesn't leave until 5:20. If you continue working up until that time, you should be paid for it. Your employer must pay you for the actual hours worked, and cannot just pay based on a flat ten hour shift no matter how long you work.
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