No announcement yet.

Docked for travel time Florida

This topic is closed.
  • Filter
  • Time
  • Show
Clear All
new posts

  • Docked for travel time Florida

    My husband is employed by an electrical company. He is an hourly employee. He does not drive, this was made known upon his employ there. He rides with another driver/electrician from the work yard to the jobsite of the day and then back to the yard at the end of the day to clock out. Anyhow, he was just informed today that because he doesn't drive, he is docked 1/2 hour each day for the travel time from the last jobsite back to the yard. The driver however, does get paid for that time. I do not feel that this is fair, nor does he. What is the law pertaining to this situation? I have been on the DOL saite, but do not find anything specific to this type of situation.

  • #2
    If your husband drove from home to the work site, no matter how far away it was, he would not be paid.

    What bothers me is that he has to report to the company location and then go to the work site.

    Since any travel between job sites would be paid, I would lean towards starting the time clock when your husband arrives at (or at least departs from) the office, even as a passenger.

    You are in Florida and, if I recall, you probably won't get any help from the State, so contact the US Department of Labor.
    Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.


    • #3
      In those kind of jobs, in which the employee must report to the shop, to ride in the company vehicle, it must be clear that it is required to ride on the van to do the job. If this is establish then the travel from shop to first job & back from last job to shop, this travel tiem usually is counted as hours worked.

      As noted above in other response, you should contact your nearest US Labor Dept - Wage Hour Div office.

      "A veteran - whether active duty, retired, national guard, or reserve - is someone who, at one point in his or her life, wrote a blank check made payable to The 'United States of America', for an amount of 'up to and including my life.'" (Author unknown)


      • #4
        I work for an electrical contractor and our compensation for driving is as follows:

        If you drive from home to the jobsite, drive time is not paid.

        If you are required to report to the shop/office before driving to the jobsite, then your drive time is paid.

        Any time spent driving from job to job is paid.

        According to your situation, I would assume that your husband should be getting paid for his time spent from the shop to the job even though he is a passenger. Who is driving is not a factor...


        • #5
          I agree with Julie.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


          • #6
            Would the pay depend on whether the employer requires him to report to the shop vs. the job site? For instance, if I am the employer, and I expect the employee to be on the job site vs. the shop, then how the employee gets to the job site isn't my responsibility in terms of payment. If he is meeting someone at the shop and "hitching" a ride, then do I still have to pay?


            • #7
              Hmm... Here's where I failed to be specific, I guess. If an employee is going to the shop/office in the morning, it's assumed that he's going there to load up a truck or get stuff ready for the jobsite and then bring it there--in those instances, he should get paid.

              If a couple of guys are meeting there solely to ride together, then I would not pay the drive time.

              However, according to the OP, one driver is getting paid, while the other is not. Either both should be paid, or neither of them get paid. She also said that he needs to go back to the yard at the end of the day to clock out. I would think if you have to go to the yard to clock in and out, any time after you're clocked in is counted as work time and should be paid.

              Just my 2 cents...


              • #8
                I agree with Julie. All the guys have to meet at the yard, NOT the jobsite in the morning. They all meet back at the yard at the end of the day to clock out. The truck driver IS getting paid for the time BACK to the yard, my husband is NOT.


                • #9
                  He must be paid. He is under "control of the employer" at that point. He can file a claim for unpaid wages with the federal Dept. of Labor (Florida defers to federal law for such wage issues).
                  I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


                  • #10
                    Ok, that helps. My guess is the employer will make a case that the driver is "working" while the others are simply riding. It's wrong, but I'm just guessing that will be the reasoning. Is there an HR department your husband can call? I know I would appreciate the opportunity to correct a mistake internally before having a charge filed with an agency.

                    If not, then the DoL is your opportunity to get this corrected.