[GA] Can a former contractor sue for travel pay and misclassification under the FLSA?

Lexi, Chatbot

I understand how concerning it can be to face a lawsuit from a former employee or contractor. Can you tell me when the travel pay issue first arose?

Lexi, Chatbot

Have you had any prior communication with this ex-employee regarding their claims about travel pay?

Lexi, Chatbot

Is there anything else the lawyer should know before I connect you? Rest assured they’ll be able to help with your travel pay dispute.

Lawyer, Esquire

Hello! My name is TJ, and I’m an attorney with over 20 years of experience. Thanks so much for the opportunity to assist you! I can see how frustrating this must be, especially since you paid him a day rate and he was never actually driving. It sounds like there’s a real question here about whether he was even entitled to travel pay in the first place.

What state is this happening in? And do you have a zip code handy?

Lawyer, Esquire

Thanks for that info. Let me walk you through how travel pay works under the Fair Labor Standards Act. The FLSA requires employers to pay for travel time in certain situations, but it’s not a blanket rule. The key issue is whether the travel was part of his work duties or just incidental. Since he was always a passenger and never drove, that actually cuts in your favor. Courts generally don’t require pay for time spent as a passenger traveling between job sites, especially if it’s just getting to and from work locations.

The bigger problem the other side might push is the employee versus contractor classification. If he was misclassified as a contractor when he should have been an employee, that opens up a bunch of issues beyond just travel pay. The FLSA has specific tests for this, and paying someone a day rate doesn’t automatically make them a contractor. But from what you’re describing, it sounds like there may be legitimate reasons he was a contractor.

There’s also the issue of him quitting and you holding his final check. Depending on how much he owed and what it was for, that could be a separate problem under state wage laws, even if the travel pay claim itself doesn’t have legs.

When you held that final check, what was the amount he owed you for, and roughly how much was it?

Lawyer, Esquire

That pay structure actually helps your position. The fact that you paid him a daily rate based on work performed, with a guaranteed minimum weekly pay, suggests he had more of an independent contractor arrangement. That’s different from an hourly employee setup, and it supports the classification you used.

The core issues remain the same though: the withheld paycheck is still problematic under state wage laws, and the travel pay claim itself is weak since he was a passenger. But your compensation method does strengthen the contractor argument.

Is there anything else you’d like to talk through, or does this give you what you need to discuss with your own attorney about how to respond to the lawsuit?

Is there anything else I can help you with?

Lawyer, Esquire

Good call wanting to understand this better before settling. Let me break down travel pay under the Fair Labor Standards Act in plain English.

What counts as paid travel time: The FLSA says you have to pay employees for travel time in certain situations. The main rule is that travel time counts as work time if it’s part of the employee’s job duties. For example, if an employee drives a company truck to a job site, that driving time is usually paid because the travel itself is part of the work.

What doesn’t count as paid travel time: Travel that’s just getting to and from work generally doesn’t have to be paid. So if an employee drives from home to your office, that’s their commute and you don’t have to pay for it. The same applies to travel between job sites if the employee is just a passenger and the travel itself isn’t the work being done. (29 U.S.C. § 254)

How this applies to your situation: Based on what you’ve told me, your guy was always a passenger. He never drove. That’s the key detail. Courts have ruled that being a passenger between job sites doesn’t qualify as compensable work time under the FLSA. The travel wasn’t his job; getting to the job was just part of getting there to do his actual work.

The exception that matters: If he was misclassified as a contractor when he should have been an employee, then the FLSA applies to him at all. Independent contractors aren’t covered by the FLSA. (29 U.S.C. § 203) So the other side’s argument probably hinges on saying he was really an employee, not a contractor. If they can prove that, then other FLSA issues open up beyond just travel pay, like whether he got overtime and whether he was paid minimum wage. (29 U.S.C. § 206)

What your pay structure tells us: You paid him daily rates based on work performed, with a guaranteed minimum weekly pay. That’s pretty typical of contractor arrangements. Employees usually get hourly or salary pay. Your setup suggests he was legitimately a contractor, which would mean the FLSA doesn’t apply to him in the first place.

The settlement angle: Right now the other side probably figures they have leverage because of the withheld paycheck issue. That’s a real problem under state wage laws, and it’s probably what they’re counting on to push you toward settling. The travel pay claim itself is weak, but the misclassification question and the withheld pay are what give them negotiating power.

If you can show he was a legitimate contractor based on how you paid him and how he worked, that undermines their whole case. But you’d need documentation showing the contractor relationship, like any agreements you had, how often he worked, whether he could work for others, and similar things.

Does this help you understand where the real vulnerabilities are and where you’re on stronger ground?

Lawyer, Esquire

What part would help to dig into more? Or is there anything else I can clarify about how travel pay works or what you're facing with this lawsuit? Thank you for using our service.