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  • Overtime Nevada

    Hello

    I work for a limousine company which is commision or minium
    which ever is greater. I understand some of them are having
    drivers clock out and come back later if something comes up
    and they need it covered. So there trying up the drivers day
    without having to pay. I understand they were also having
    office staff work split shifts instead of hiring extra help. They
    were mad about having to drive back later and fight traffic.
    They used to have part time help and it was better for us.

  • #2
    What is your question, please?
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      Overtime

      Hello

      My question is can a transportation company have drivers
      clocking in and out to avoid paying the minium wage for
      over 8 hours and also avoid a problem with the DOT going
      over the legal hours on the road?

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      • #4
        Maybe. The key is whether or not the government would agree that the employee is free to use their off time for their own purposes. The FLSA law has been around since then 1930s, so we have 70+ years of court and administrative decisions on this subject. I can give you starting point from the DOL website.

        http://www.dol.gov/esa/whd/regs/compliance/whdfs22.pdf

        Waiting Time: Whether waiting time is hours worked under the Act depends upon the particular circumstances. Generally, the facts may show that the employee was engaged to wait (which is work time) or the facts may show that the employee was waiting to be engaged (which is not work time). For example, a secretary who reads a book while waiting for dictation or a fireman who plays checkers while waiting for an alarm is working during such periods of inactivity. These employees have been "engaged to wait."
        Federal on duty regulation.

        Federal off duty regulation.

        Federal on-call regulation.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

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