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pay while traveling to jobsites Florida

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  • pay while traveling to jobsites Florida

    i think i know the answer to this but just want to confirm.

    our company is a 'traveling' company. (e.g we have headquarters/office in a particular city but all our jobs are thru contracts and are all across the state so we are put up in hotels)
    i am a supervisor for the company and it used to be the drivers got paid to drive from the hotel to the jobsite and vice versa. and we used to work 6-7 days a week and our hotels were paid for every day.
    starting this week, bosses new policies bc of economy:
    1. supervisors are no longer allowed drive time to and from the jobsites, only drivers that are part of the crew are allowed the hours. (boss's reasoning for this: "supervisors get paid more than the non-supervisor drivers, therefore supervisors only get paid while at the jobsite"
    I dont think he can do that, right?

    2. now that our boss no longer allows weekend work, he says we have to pay for the hotel rooms ourselves or leave home. there is probably nothing i can do about that as there is probably no requirement for the company to pay. the thing is i do not have a 'home' to go to as the boss formally was paying for hotels every day, and the other supervisors that do have a place to go to they get paid to drive home then back to the jobsite. i dont see what the big deal is though. the cost the company pays the other supervisors to drive home and back plus gas is equavalent to 2 nights at the hotel, yet while the other get paid to leave, i have to pay to stay therefore the company is only making money off me. if they wont pay for my hotel room over the weekend cant i just drive across the state to another hotel and call that 'home' and get paid for the trip to offset the hotel costs for me?

  • #2
    You say that you are a "supervisor". If you qualify for the Executive exception, then the only labor law legal requirement on your employer is that they pay you at least $455/week.
    http://www.dol.gov/esa/whd/regs/comp...irpay/main.htm

    If you do not qualify as Exempt, then you must be paid at least minimum wage (and overtime if applicable) for all hours worked.

    There are exactly two state (CA, MA) with some type of labor law requiring that business related expenses be reimbursed. If you are non-exempt under the federal FLSA law, then there is an indirect rule ("free and clear") which mostly relates to minimum wage employees, and which basically says that unreimbursed business expenses cannot cut into the MW requirement.

    That is pretty much it for labor law. FL is not exactly the home of state labor law as far as employees are concerned.

    Not all laws are labor laws. If you have a contract or a document that you think rises to the level of an enforceable contract, then you can have a local attorney review the document.

    You could also try a small claims court action. The chances are not good, but local judges have some ability to make decisions based on what they think is the equity of the situation.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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