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Thread: Required to set up safety equipment unpaid Ohio

  1. #1
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    Default Required to set up safety equipment unpaid Ohio

    Large service company that has employees driving company vehicles all day to different job sites.Also allows employees to drive company vehicle home from last job site at end of day. Employees pay stops at end of shift. The drive home in the company vehicle is not paid. Local managers requiring employees to place safety equipment upon arriving at home. They require employees to place three safety cones around vehicle while it is parked at your home. The task of placing the cones is a required part of parking company vehicle while on the clock. If it is a task that already is being done during paid hours how can they require you to do it while not being paid ? What if you are injured during this time placing the cones and on non working hours ?

  2. #2
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    Legally commutes are almost never paid time under FLSA (federal law). What type of vehicle are we talking about? If it is something odd like a cement mixer this might be paid time. "Company owned" by itself is legally nothing.

    How long does it take to set up the three cones? Seconds? Minutes? Hours? I forget the exact FLSA regulation number but there is a limited De Minimus exception in play here if the time is small enough.

    If the employee is injured placing cones, file a WC claim and see what happens. This is state law, different states have different rules.
    Last edited by DAW; 02-17-2017 at 03:04 PM.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

  3. #3
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    I find it very unlikely placing three traffic cones would turn the otherwise noncompensable commuting time back into working time.

  4. #4
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    As do I, but it is always worth citing the actual rules.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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