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Thread: Start times while driving a company car California

  1. #1

    Default Start times while driving a company car California

    I drive a company service van to work and home. But we are not paided for travel time. We only get paided if it takes longer then an hour to get to and from work. But we are requierd to follow all company rules while operating there vehicle. Should we get paided for that time while operation a company vehicle. My company Charges a trip charge to the customer for our travel to there location.
    Last edited by ricardorrivera; 08-18-2008 at 07:29 PM.

  2. #2
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    Default

    Comute time is not normally considered to be time worked no matter whose vehicle is being driven. The normal rules for this are 29 CFR 785.33-785.41. There are possible exceptions but you have not actually mentioned anything that would indicate that one of the possible exceptions would apply.

    http://www.dol.gov/dol/allcfr/ESA/Ti...9CFR785.33.htm
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

  3. #3
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    The Fed DOL considers time spent driving a company's vehicle from home to work as hours worked, and compensable, unless all of the following conditions are met. FOH 31c10. The test is closely related to the "principle activity" concept of Portal to Portal.

    1) Driving the company vehicle between home and work is strictly voluntary and not a condition of employment.

    2) The vehicle is of a type normally used in communting.

    3) The employee does not incurr any cost in driving or storing the vehicle

    4) The work site(s) are within the employee's normal commute.

  4. #4

    Default Travel Time

    Our Company charges a trip charge for us to show up to our calls. So they are getting payed for our travel but we are not
    Last edited by ricardorrivera; 08-18-2008 at 07:31 PM.

  5. #5
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    Default California Overtime Lawyer

    Quote Originally Posted by ricardorrivera View Post
    I drive a company service van to work and home. But we are not paided for travel time. We only get paided if it takes longer then an hour to get to and from work. But we are requierd to follow all company rules while operating there vehicle. Should we get paided for that time while operation a company vehicle. My company Charges a trip charge to the customer for our travel to there location.
    Do they pay you for all expenses you incur while doing the job?
    Walter

    www.California-Labor-Law-Attorney.com
    "Wage and Hour Class Action Attorneys"

    Disclaimer: The above correspondence does not constitute legal advice nor establish an attorney-client relationship. You should seek the advice of independent legal counsel before relying upon, acting upon or not acting upon any information contained in this correspondence.

  6. #6

    Default travel time

    they pay for gas & parking if needed

  7. #7
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    how about mileage? how many others are affected in the company in California?
    Walter

    www.California-Labor-Law-Attorney.com
    "Wage and Hour Class Action Attorneys"

    Disclaimer: The above correspondence does not constitute legal advice nor establish an attorney-client relationship. You should seek the advice of independent legal counsel before relying upon, acting upon or not acting upon any information contained in this correspondence.

  8. #8

    Default travel time

    they do not pay mileage. there are around 45 techs in California. This company is nation wide

  9. #9
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    In light of the number of affected employees- this may be a class action claim. Under 2802 of the California labor code, employees are entitled to reimbursement of all expenses incurred in the discharge of their duties.
    Walter

    www.California-Labor-Law-Attorney.com
    "Wage and Hour Class Action Attorneys"

    Disclaimer: The above correspondence does not constitute legal advice nor establish an attorney-client relationship. You should seek the advice of independent legal counsel before relying upon, acting upon or not acting upon any information contained in this correspondence.

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