I work for an airport service. I am paid 20 per cent of the trip value (e.g., if the customer pays $39.00, I receive $7.80). I use their vehicle and they pay all related expenses, i.e., gas, insurance, etc.

Generally, it takes 2 hours to complete the run. The company does encourage customers to tip.

I feel I am being cheated in that I don't even make minimum wage.

I am a company employee, they take taxes out of my check. I am not an independent contractor.

I may have a scheduled run at 11:00 am and then another 7:00 pm. During those hours I am allowed to come home with the vehicle. I have a two-way radio so the can communicate with me. On many occasions, they will call and tell me I have another run during these hours. I am required to take the run.

Am I entitled to be paid for this down time? Though my time is sort of my own, I am still on call.

As an employee, you must be paid at least minimum wage, i.e. your total pay for the workweek (not by the day) divided by your hours worked, must at least average $5.15 per hour. And you must be paid overtime at that average rate (times .5-the premium portion of the overtime) if you work over 40 hours in the workweek. You can contact the state Dept. of Labor to inquire about filing a claim for failure to pay minimum wage (it's possible they may refer you to the federal DOL; Ohio wage and hour law is pretty weak).

Since you admit the "time is your own", no, they don't have to pay you anything additional for the on call time.

Are you saying that I am entitled to min. wage for the airport trip ( I now receive 20 o/o of $39.00= $7.80)? i.e., if it takes 2 1/2 hours, I am entitled to 2 1/2 x $5.15?

To further explain: I receive a schedule each day, I may have two runs... one at 9:00 am and the next at 6:00 pm. As far as the time is my own, it's only my own in the sense that I am sitting "at home waiting," rather than sitting in the office. I cannot go anywhere. Oftentimes, they will call me and say the have an "add on" and I am required to take it. Does this time count for anything?

As an employee, you must be paid at least minimum wage, i.e. your total pay for the workweek (not by the day) divided by your hours worked, must at least average $5.15 per hour. And you must be paid overtime at that average rate (times .5-the premium portion of the overtime) if you work over 40 hours in the workweek. You can contact the state Dept. of Labor to inquire about filing a claim for failure to pay minimum wage (it's possible they may refer you to the federal DOL; Ohio wage and hour law is pretty weak).

Since you admit the "time is your own", no, they don't have to pay you anything additional for the on call time.

You are entitled to the number of hours you work in a week times $5.15, and if you work over 40 hours in a week, $5.15 times 1.5 for every hour over 40.

Can you get a cell phone and/or pager and be able to go where you like?

You must be paid minimum wage for your hours worked. The employer can count tips as part of your wage.

I have their cell phone which is also a two-way radio. I really can't go where I want due to the fact that if a call comes in for a pick up and I'm on duty I would have to take it. Besides, I cannot use their car for personal use, so I would have to use my own and rush home to switch vehicles. Also, if a driver is scheduled to pick up two passengers, arriving on different flights and one of the flights run late, the other driver is called to go help out (this would be during his down time waiting for his next arrival).

More often than not, airline flights run late... So, of course I sit and wait. It happened today. A flight was due in at 4:57 pm but did'nt arrive until 5:32.
I'm not paid for that time. Quit often flights can be 2 hours late due to weather or mechanical problems... You just never know when the flight is going to arrive. When you start adding up all the time you wait just for delayed flights over the course of a year, even at min. wage, it amounts to a bit of change.

Thanks for everyone's input.

You are entitled to the number of hours you work in a week times $5.15, and if you work over 40 hours in a week, $5.15 times 1.5 for every hour over 40.

Can you get a cell phone and/or pager and be able to go where you like?

http://198.234.41.198/w3/webwh.nsf/dd5cab6801f1723585256474005327c8/6cfcc1a6da87d5a585256618004a5489?OpenDocument

I fully understand that you do not think it's fair that waiting time is not compensable in your situation. The point is that Federal nor Ohio law require compensation under these circumstances. The law does require that you receive no less than Federal or state minimum wage (whichever is higher). Minimum wage is currently $5.15 per hour for both Federal and Ohio. If your gross pay divided by hours worked does not equal at least $5.15 per hour, I'd suggest contacting Ohio Department of Labor & Worker Safety. Tips should be included in the gross pay amount. Your employer does have a recordkeeping responsibility to keep tabs on all hours you work. If you are not receiving minimum wage based on the calculations discussed here, you may have a valid unpaid wage claim. It's my understanding that this is handled via small claims court in Ohio.