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ricardorrivera
08-16-2008, 03:03 PM
I drive a company service van to work and home. But we are not paided for travel time. We only get paided if it takes longer then an hour to get to and from work. But we are requierd to follow all company rules while operating there vehicle. Should we get paided for that time while operation a company vehicle. My company Charges a trip charge to the customer for our travel to there location.

DAW
08-16-2008, 03:51 PM
Comute time is not normally considered to be time worked no matter whose vehicle is being driven. The normal rules for this are 29 CFR 785.33-785.41. There are possible exceptions but you have not actually mentioned anything that would indicate that one of the possible exceptions would apply.

http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_785/29CFR785.33.htm

TheRed
08-16-2008, 04:45 PM
The Fed DOL considers time spent driving a company's vehicle from home to work as hours worked, and compensable, unless all of the following conditions are met. FOH 31c10 (http://www.dol.gov/esa/whd/FOH/FOH_Ch31.pdf). The test is closely related to the "principle activity" concept of Portal to Portal.

1) Driving the company vehicle between home and work is strictly voluntary and not a condition of employment.

2) The vehicle is of a type normally used in communting.

3) The employee does not incurr any cost in driving or storing the vehicle

4) The work site(s) are within the employee's normal commute.

ricardorrivera
08-18-2008, 06:38 PM
Our Company charges a trip charge for us to show up to our calls. So they are getting payed for our travel but we are not

CaLaborLawAttorney
08-20-2008, 10:17 AM
I drive a company service van to work and home. But we are not paided for travel time. We only get paided if it takes longer then an hour to get to and from work. But we are requierd to follow all company rules while operating there vehicle. Should we get paided for that time while operation a company vehicle. My company Charges a trip charge to the customer for our travel to there location. Do they pay you for all expenses you incur while doing the job?

ricardorrivera
08-20-2008, 07:33 PM
they pay for gas & parking if needed

CaLaborLawAttorney
08-20-2008, 08:16 PM
how about mileage? how many others are affected in the company in California?

ricardorrivera
08-21-2008, 09:46 PM
they do not pay mileage. there are around 45 techs in California. This company is nation wide

CaLaborLawAttorney
08-21-2008, 10:15 PM
In light of the number of affected employees- this may be a class action claim. Under 2802 of the California labor code, employees are entitled to reimbursement of all expenses incurred in the discharge of their duties.

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