Nothing Changed After I Told HR I Am Not Being Paid For Travel Time
If you are not being paid for travel time while on the job, you could be the victim of wage theft. Many jobs require travel. As an example, you may be required to travel from one worksite to another. If that is the case, then you should be paid for that travel time.
The Fair Labor Standards Act (FLSA) establishes regulations that indicate minimum wage, overtime pay, and when a worker must be paid. The FSLA indicates that you must be paid for work-related travel time, and if you are not paid for that time, it establishes harsh penalties for your employer.
One of the first things that you should do when you notice that you are not paid for your travel time is to speak with your employer’s human resources (HR) department. It could be a technical error or an honest mistake, and if that is the case, your employer will take care of the problem and make sure that you are paid for that time.
If you spoke with HR and they did nothing to resolve the issue, you will need to advance your claim to the proper agency. You should be sure to document everything and keep all supporting evidence and documentation. You will be entitled to recover your lost earnings plus any other damages that you may be entitled to receive because of your employer failing to pay you for your travel time that is work-related.
Keep Track Of All Communications
You should gather all supporting evidence and documentation and continue to maintain a file of supporting evidence. You will need your employment contract, your employee handbook, any memos or messages, paystubs, mileage logs, and statements from coworkers.
You will need to document when you spoke with HR about your concerns because you were not paid for your travel time. You will need to maintain any correspondence that you receive from HR, and you should document any discussions that you have and be sure to indicate the date and time of the discussion, who you spoke with, what was said, and the response that you received.
You should always document any follow-up contact you have with your employer’s HR department. Make note of any calls or emails and be sure to write down the details of what that follow-up entailed. All this documentation can be used as evidence for your claim and help show that your employer did not follow through when you brought the problem to their attention. Maintain a thorough file of evidence to support your wage theft claim.
Gathering Evidence Of Wage Theft
If you have suffered wage theft because you were not paid for travel time, you will need to gather supporting evidence. You should compare your paystubs to the hours worked – which include your travel time. You will need to get a copy of your employment contract if you do not know where yours is, and you should gather a copy of the employee handbook as well as other pertinent work-related documentation.
The more supporting documentation and evidence that you have, the more likely you are to prevail with your claim against your employer. An employment law attorney will be able to help you through the claims process and ensure that you are treated fairly.
Getting The Help You Need
An employment law attorney is familiar with the state and federal laws that apply to your situation and will be able to determine the best way to proceed with your claim. When you meet with an attorney, be sure to go over the payment plans. Some lawyers will take the case on a contingency basis and not be paid until you win your claim, but there are some attorneys who require that you pay a retainer in advance.
You will want to go with the best option for your situation, and you will want to make sure you have an attorney who is familiar with wage theft claims in your area.
There is a statute of limitations, which is a limited time, for pursuing a wage theft claim in such situations. If you wait too long, you cannot recover compensation for your lost earnings and other damages. If nothing changed after you told HR that you are not being paid for travel time, you should complete the Free Case Evaluation Form on this page to share the details of your situation with an employment law attorney who handles claims in your area.
