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Vehicle compensation South Carolina South Carolina

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  • Vehicle compensation South Carolina South Carolina

    I have been working construction for over 14 years for the same company. I am a hourly employee and use my truck as a work Vehicle. Three years ago when the economy went south they stopped paying me compensation for that. My question is it legal for them to ask me togo from the shop to a jobsite, jobsite to jobsite, run errands elect? Im fine with going just to and from jobsite from home but all the extra mile im getting tired of and gas prices are not helping. So a second question is, if it is legal am i in my right to file unemployment if they stop working me as there threatening to do or fire me 4 refusing to use my truck for company stuff?

  • #2
    They absolutely may ask you to go from job site to job site, run errands etc. You may or may not, depending on specifics we do not have, have to be paid for some or all of the time you spend doing so but there is nothing illegal about asking you to do so and no requirement, either Federal or state, that you be paid additional compensation, even mileage, for using your personal vehicle.

    You may ALWAYS file for unemployment. But the state has the only vote as to whether you'll get it or not. If you are fired because they have no work for you, you will almost certainly get it. (I say almost only because with unemployment there are no absolutes.) If you are fired for refusing to use your personal vehicle for work purposes, it's anyone's guess.
    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
      Das ist in der Doktor!

      I'd have to agree with cbg, ya never know. Look at it this way at least ya have a job and when things pick up they might start compensating you again.
      Besides, what would you be doing if you didn't have a job?
      ..Burning gas and putting on the miles looking for one right?

      .._______________
      ~ Every government interference in the economy consists of giving an unearned benefit extorted by force to some,
      ...at the expense of others.

      Comment


      • #4
        There are exactly two states that have explict labor law rules on expense reimbursement (CA, MA).

        Federal law (FLSA) has a "free and clear" rule, but this rule is specific to minimum wage and overtime. Let's say that Bob is paid exactly federal MW, and has to also go permenantly out of pocket for unreimbursed business expense, say $40/week..That violates federal law. However lets say Jane makes $10/hr ($400 for 40 hours) and has the same $40 in weekly unreimbursed business expense. Jane is functionally being paid $360/week ($9/hr), which does NOT violate federa law. The feds do not care about unreimbursed business expense, just MW/OT.

        If (for example) you were told to spend money with the expectation of reimbursement, in theory a Common Law argument could be made that you are owed the money. But after three years, and more importantly, with the employer telling you about the change in policy prior to the expenses being incurred, there is no Common Law claim for expenses.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

        Comment


        • #5
          Thank you for answering

          Originally posted by cbg View Post
          They absolutely may ask you to go from job site to job site, run errands etc. You may or may not, depending on specifics we do not have, have to be paid for some or all of the time you spend doing so but there is nothing illegal about asking you to do so and no requirement, either Federal or state, that you be paid additional compensation, even mileage, for using your personal vehicle.

          You may ALWAYS file for unemployment. But the state has the only vote as to whether you'll get it or not. If you are fired because they have no work for you, you will almost certainly get it. (I say almost only because with unemployment there are no absolutes.) If you are fired for refusing to use your personal vehicle for work purposes, it's anyone's guess.
          I do get paid hourly to drive well on the clock, but the gas alone i estimate cost me abot $8 a hour. The reason they paid in the first place was most companys with same job give u a company truck to drive. I dont like working for less money so im looking into my options. I was trying to force them into paying me or quit asking me to spend my money, sounds like i may not have that right. I do not want to leave the company but sound like i need to find anther job offer and make a choce.

          Comment


          • #6
            Thank you

            Originally posted by drruthless View Post
            I'd have to agree with cbg, ya never know. Look at it this way at least ya have a job and when things pick up they might start compensating you again.
            Besides, what would you be doing if you didn't have a job?
            ..Burning gas and putting on the miles looking for one right?

            .._______________
            ~ Every government interference in the economy consists of giving an unearned benefit extorted by force to some,
            ...at the expense of others.
            I am glad i have a job, but i will be looking for a new one now.
            Last edited by Tasha5; 04-13-2012, 07:12 AM.

            Comment


            • #7
              Thak you for the info

              Originally posted by DAW View Post
              There are exactly two states that have explict labor law rules on expense reimbursement (CA, MA).

              Federal law (FLSA) has a "free and clear" rule, but this rule is specific to minimum wage and overtime. Let's say that Bob is paid exactly federal MW, and has to also go permenantly out of pocket for unreimbursed business expense, say $40/week..That violates federal law. However lets say Jane makes $10/hr ($400 for 40 hours) and has the same $40 in weekly unreimbursed business expense. Jane is functionally being paid $360/week ($9/hr), which does NOT violate federa law. The feds do not care about unreimbursed business expense, just MW/OT.

              If (for example) you were told to spend money with the expectation of reimbursement, in theory a Common Law argument could be made that you are owed the money. But after three years, and more importantly, with the employer telling you about the change in policy prior to the expenses being incurred, there is no Common Law claim for expenses.
              I understand what your saying and i make to much to go below MW.

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