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cbjktfan
09-22-2006, 07:55 PM
This question may have been answered before but I couldnt find the info I need on the matter (my situation is a bit different than the ones I saw posted).

I couldnt get the search feature to work either to look further into the forum.

Here is my situation.

I work for a excavating company who deducts 1 and a half hours a day from our time worked. Half hour for lunch and 1 hour for drive time from the job site to the shop. Since it is a construction company I drive his truck, trailer, and track hoe from the site we were working at back to the shop then clock out and go home. It is the drive home he is deducting from and says he doesnt have to pay this time back to the shop.

Ive been looking for info for Ohio but am having trouble finding any. I did find info on dol.com (U.S. Department of labor)

I found sections 785.38 and 785.41 which contradict what he is saying and they both say that I should be paid for this time since I am driving his equipment back to the shop.

The thing I am unsure of is if those section apply in Ohio under all conditions.
Ive seen something about companies making over $500,000 and didnt know if that was the only time the above applied or not.

If it does not apply does anyone know how I can find out more information on the matter.

Oh dont know if it matters our not. We are hourly employees...No commission no bonuses.

Thanks in advance if you can help :D

Pattymd
09-24-2006, 03:54 PM
CFR 29, which a part of you reference is federal law and applies in all states. You would start by filing a claim for unpaid wages with the state Dept. of Labor, however.

cbjktfan
09-24-2006, 08:05 PM
Ok so these do apply to all companies and not just the ones making over $500,000 ?

I just want to try and be sure before I start a claim on the issue. Even if they kept it anonymous ( I assume they do) I am sure he would know it was me and even though I dont think he can fire me for it Im sure he would drive me to leave or find something on me as a excuse to fire me.

Pattymd
09-25-2006, 03:50 AM
They apply to all employers who are subject to the Fair Labor Standards Act.
Here's a brief discussion of both "enterprise" (the company) coverage and "individual" (the employee) coverage.

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