Announcement Announcement Module
Collapse
No announcement yet.
Drive time Page Title Module
Move Remove Collapse
X
Conversation Detail Module
Collapse
  • Filter
  • Time
  • Show
Clear All
new posts

  • Drive time

    Not much plumbing about this one, more labor law.

    Our boss says that he does not mind paying us to drive to the job, but when it's time to head back to the shop, it's not paid.

    We are still driving a company van, to a place he told us to go. And following driving practices set by him, since we are still in his van. We are not going home, we are going to store the van for the next day.

    There are also instances where some of the guys go out of town, but sometimes they take the van home because of getting back late or whatever the reason is.

    My understanding is this. If we are driving a company vehicle, we are on the clock. While we may not be going to a job, my belief is part of going and doing a job is getting back.

    I can kinda understand that if we took the van home home we should not get paid, but even if we take them home, but are working out of town we should. It just amazes me that anyone would not consider getting back as part of the job. I mean it HAS to happen, and we HAVE to do it. There is absolutely no question about that.

    So I called our local labor office. They told me it was against federal laws for him to not pay us for driving from a jobsite to the workplace. Workplace would be the shop.

    Here is the question, finally right? Do any of you have a link to a law that would deal with this? Or do you disagree with it and why? We debate this weekly amongst the guys at least. None of us like it, but no one says anything.

    There was a proposal of paying us half or less our hourly wage when we are driving. While that is fairer than us not getting paid at all, I think it is still not good enough. While driving is certainly not something only plumbers can do, anymore if you can't drive, good luck getting a job as a plumber. My thoughts are just pass the savings on to the customer.

  • #2
    Re: Drive time

    you should get paid all you are owed.

    but if you drove your own car to the job worked 8 then left from there. he would owe you nothing and you would be out gas money.

    so its kinda a bad spot. do you un load the truck when you get back? or just go home?

    Comment


    • #3
      Re: Drive time

      Tough one....because the minute you do anything "official" you are probably out of a job.

      The way I see it ( No lawyer here!) is that if from day to day you are doing different jobs, taking the van from the shop to the jobsite, maybe on to another jobsite...and back to the shop at the end of the day....the clocks starts and stops at the shop.

      The exception I see to this is if there is a more long term job site, and you drive from home to the jobsite, then home....then the clock is at the site.

      I think the law on this probably varies from state to state. The state division of labor enforcement is the source for this. But again, if you piss the boss off, the consequences are predictable~!

      Comment


      • #4
        Re: Drive time

        My advice is keep your mouth shut and be thankful you still have a job.

        Comment


        • #5
          Re: Drive time

          there are many shops that pay billable hours only. so drive time is a loss.

          rick.
          phoebe it is

          Comment


          • #6
            Re: Drive time

            a lot of states protect you from your employer, they can't terminate you for reporting labor law violations. now, they can find something else to fire you for, but they have to make sure it can't be taken as a repercussion of your reporting them.
            No, it's not rocket science, it's plumbing and unlike rocket science it requires a license.

            Comment


            • #7
              Re: Drive time

              Originally posted by plumberscrack View Post
              My advice is keep your mouth shut and be thankful you still have a job.
              Some of us are not so shaken as by the threat of losing our jobs. While the market is pretty slim around here, I won't have one labor law enforced upon me, while another gets brushed under the carpet and labeled as "don't mention this or you're fired." Will this result in me losing my job? Maybe but I have him on recording saying we will not be paid to drive back once the job is over. And it's not in the company handbook. (thank you Evoke)
              So I welcome getting fired.


              We are paid hourly. We do not spend months on a big job. We drive to the shop (all of us do) and we park the vans there at night.
              We are told to do this at the end of the day. "Okay Tommy, there is no more calls. Drive the van back to the shop so we can get out of here!"
              I don't know about you guys, but I don't work for free. And if I am, I might as well do something else.

              If we are not getting paid, then we can basically do what we want right? Go to the bar, get groceries, pick up our kids. right?

              And if my boss is reading this, shame on you. Horrible to tell us we have to take off for lunch because the labor board says we have to, then pull this crap.

              Comment


              • #8
                Re: Drive time

                I believe that if your in a company truck going where the boss tells you to go and your acting on behalf of the company then your at work. Labor laws say you must be compensated for work. So that would include driving his van back to his office as work. Drivings not work??? Go to a cab drivers forum and say that I dare ya

                Keyword is compensated. If you work by the billable hour then you do get paid for the trip back.....its just rolled into your billed hours to a customer.

                If you punch a clock in the morning and when you get back to the office twith the truck then you should be paid for the trip back

                Comment


                • #9
                  Re: Drive time

                  If you're in a company vehicle you're on the clock. Technically, you are correct that you should be paid.

                  Question is.....does it really matter? Do you see that all of the employees are being taken advantage of? Dissatisfied with the job altogether?

                  Or is it something that just gets under the guys skin?

                  I'll tell you from owner perspective that I want to do what's right but won't be pushed but so far by any employee or group.

                  If I look at everything and feel it's fair, and noone wants to let it go, I'll start paying it. But decrease everyone's wages. Don't like it, I'll lock the door.

                  See. Both sides can play the game.


                  J.C.

                  Comment


                  • #10
                    Re: Drive time

                    in our company there is a service dept and a construction dept .we all take the trucks home with us and we even have our names on the trucks . if i have to go to the shop in the morning its on my time to the shop then we get paid to the job . if i go straight to the job its on my time unless the job is out of a preset zone from the shop then we get paid from that point to the job . i live 5 min from that point so if i have to go to a job east of me i get paid after a 5 min drive but if i have to go west to a job then it is a 50min drive on my time .

                    the service department has to go to the shop every morning on there time . then get paid to there first job .at the end of the day when they are done with there last call drive time home is on there own no mater how far it is

                    we have some companys around here that when the worker has to pick up a truck at the shop the driver gets 1/2 pay for his drive time to the job and helpers get nothing

                    i say if he said this is the way he does it when you started the working for him then thats the way it is. so if you say some thing to him and he says no then go some other place
                    Charlie

                    My seek the peek fundraiser page
                    http://observatory.mountwashington.o...nal&fr_id=1040


                    http://www.mountwashington.org/weather/conditions.php

                    new work pictures 12/09
                    http://public.fotki.com/hvachawk/

                    Comment


                    • #11
                      Re: Drive time

                      one other thing is that if we are in an accident in the truck when we are not on the clock there is no workers comp ,that law in PA

                      so ask him about that
                      Charlie

                      My seek the peek fundraiser page
                      http://observatory.mountwashington.o...nal&fr_id=1040


                      http://www.mountwashington.org/weather/conditions.php

                      new work pictures 12/09
                      http://public.fotki.com/hvachawk/

                      Comment


                      • #12
                        Re: Drive time

                        how far are we talking about not getting paid

                        like i tell my co workers we have a 15 min break in the morning and a 1/2 hr lunch ,if your going to play the time game about not getting to drive there truck then you better only take a 15 min and 1/2 hr lunch and we always take a little more
                        so give a little take a little and call it even
                        Last edited by HVAC HAWK; 01-01-2011, 08:54 PM.
                        Charlie

                        My seek the peek fundraiser page
                        http://observatory.mountwashington.o...nal&fr_id=1040


                        http://www.mountwashington.org/weather/conditions.php

                        new work pictures 12/09
                        http://public.fotki.com/hvachawk/

                        Comment


                        • #13
                          Re: Drive time

                          Originally posted by HVAC HAWK View Post
                          one other thing is that if we are in an accident in the truck when we are not on the clock there is no workers comp ,that law in PA

                          so ask him about that

                          Wouldn't the company's auto insurance cover in this instance???

                          Comment


                          • #14
                            Re: Drive time

                            Originally posted by bml View Post
                            Wouldn't the company's auto insurance cover in this instance???
                            Possibly. My experience is that all insurers' goal is not to pay in the big picture. Deny from the beginning.

                            Probably end up in lawsuits.


                            J.C.

                            Comment


                            • #15
                              Re: Drive time

                              Ours won't, we were supposed to tell them we are getting paid even though we were not if there was ever an accident.
                              I write my hours down and I get paid for my drive time one way or the other. On the flip side of the coin when I get to the shop 1/2 hr early and check oil and tires on the trucks, get stuck on the phone for 1/2 an hour at night after work with the boss talking about jobs I don't write that down so it kinda evens out.
                              In my experience when the boss tries to play hard case in these cases all he gets left with are the guys no one else wants.

                              Comment

                              Working...
                              X