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Travel time pay New Jersey

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  • Travel time pay New Jersey

    I am a service technician for a company that provides me with a company vehicle to travel to and from service calls. My day begins from home to my 1st appointment and then ends when I get home from my last appointment. My company recently changed their policy and now deducts 30 minutes travel in the morning and 30 minutes for the ride home. They told us it is considered a commute and we aren't to be paid door to door anymore. They are also requiring we take a lunch but they schedule the day in such away that there is never time to take one. We are also required to be on call on a rotating basis and they also deduct travel time for that too. An example is I left my home at 7 am and got home at 4 pm and would be paid for 8 hrs with a total of 60 minutes deducted for travel. I go on an emergency on call at 6 pm and arrive at 7 pm and get home at 8 pm I am paid for 1 hour. This is a new policy as we were paid door to door before. We are a very large company and every tech is very upset and confused. I was wondering if what they are doing is legal and if so I am ok with it but I would have to make a choice if I want to stay or not. Thanks for any help in advance!!

  • #2
    Under no law, state or Federal, do they owe you pay from home to the first appointment of the day, or from the last appointment of the day to home. If you have been getting pay for that time up to now you have been very, very lucky. The law does NOT guarantee you pay door to door.

    Under no New Jersey or Federal law are you guaranteed a lunch break. What happens if you do not take one?
    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
      If you are told to take a lunch break, you might want to try to make time to take one. You can be disciplined up to & including termination for not doing as you are told. Lunch breaks aren't required in your state, except for minors under 18, but your employer can still require you take them.

      When you work through lunch, do you get paid for that time?

      New Jersey employers must provide employees under the age of 18 with a 30 minute break after 5 consecutive hours of work. N.J. does not require employers to provide breaks, including lunch breaks, for workers 18 years old or older. An employer who chooses to provide a break in excess of 20 minutes does not have to pay wages for lunch periods or other breaks if the employee is free to leave the worksite, in fact takes their lunch or break, and the employee does not actually perform work. According to federal law, breaks 20 min. or shorter typically must be paid.

      law is NJSA 32-2-21 17d(g)(4) (NJ employment handbook)
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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      • #4
        Originally posted by cbg View Post
        Under no law, state or Federal, do they owe you pay from home to the first appointment of the day, or from the last appointment of the day to home. If you have been getting pay for that time up to now you have been very, very lucky. The law does NOT guarantee you pay door to door.

        Under no New Jersey or Federal law are you guaranteed a lunch break. What happens if you do not take one?
        So far nothing has happened, most of us cannot take one because of how they schedule the calls.

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        • #5
          Originally posted by Betty3 View Post
          If you are told to take a lunch break, you might want to try to make time to take one. You can be disciplined up to & including termination for not doing as you are told. Lunch breaks aren't required in your state, except for minors under 18, but your employer can still require you take them.

          When you work through lunch, do you get paid for that time?

          New Jersey employers must provide employees under the age of 18 with a 30 minute break after 5 consecutive hours of work. N.J. does not require employers to provide breaks, including lunch breaks, for workers 18 years old or older. An employer who chooses to provide a break in excess of 20 minutes does not have to pay wages for lunch periods or other breaks if the employee is free to leave the worksite, in fact takes their lunch or break, and the employee does not actually perform work. According to federal law, breaks 20 min. or shorter typically must be paid.

          law is NJSA 32-2-21 17d(g)(4) (NJ employment handbook)
          Yes, I do get paid to work through lunch.

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          • #6
            Ok, thanks! Any info on the {on call emergency service calls}? We may go out on 3 or more in one day, are they able to take the travel to and from away on each call? These are outside of normal working hours, after we've been home already.
            Last edited by Joe Jitsu; 01-02-2016, 01:20 PM. Reason: Left out question

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            • #7
              https://www.law.cornell.edu/cfr/text/29/785.36

              29 CFR§ 785.36 Home to work in emergency situations.
              There may be instances when travel from home to work is overtime. For example, if an employee who has gone home after completing his day's work is subsequently called out at night to travel a substantial distance to perform an emergency job for one of his employer's customers all time spent on such travel is working time. The Divisions are taking no position on whether travel to the job and back home by an employee who receives an emergency call outside of his regular hours to report back to his regular place of business to do a job is working time.
              Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

              Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

              Comment

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