Hours on the clock

[becci3623]

My husband works construction for a company in tennessee, sometimes he is required to travel but not over night. If he is scheduled to arrive at work at 6 am, traveling 45 minutes to the job site, leaving the job site at 3:30 pm driving another 45 minutes back to the office clocking out and leaving for the day. He gets 30 minutes for lunch. So he is clocking out at 4:15 or 4:30. Should he not get paid for the entire time he is on the clock, except for his 30 minute lunch? Which would be around 10 hours. But his employer is only paying him 8 3/4 hours. Is this legal?

[cbg]

He is not entitled to be paid for commuting time. If he leaves home and goes straight to the job site, he is not "on the clock" until he arrives. He is also "off the clock" once he leaves the job site to go home.

If, however, he was required to travel from one job site to another during the course of the day, they have to pay him for that.

[Pattymd]

However, if he is required to go to the office first, to clock in, then return to the office at the end of the day to clock out, then that driving time WOULD be compensable.

[becci3623]

Originally Posted by Pattymd

However, if he is required to go to the office first, to clock in, then return to the office at the end of the day to clock out, then that driving time WOULD be compensable.

Ok, he does go to the office first, then back at the end of the day. His employer is not paying him for cummuting back and forth what can he do? And he is in a company truck from the office to the job site and back to the office...does this make any diffrence? If not what can he do to get compensated?

[Pattymd]

The vehicle he drives is generally irrelevant to the issue of compensable time. But it sounds like he drives his personal vehicle to the office, clocks in, gets the company vehicle, goes from job site to job site, then drives back to the office, clocks out, and drives his personal vehicle home. Correct? Could he drive in his personal vehicle directly to the first job from home, and vice versa at the end of the day without going into the office to clock in and to get the company vehicle? Or would they allow him to take the company vehicle home so he wouldn't have to go in first?

Having said all this, if they are requiring him to report to the office at the beginning of the day, and report back at the end of the day, all the time in between (except unpaid lunch break) is compensable. He can file a claim for unpaid wages with the state Dept. of Labor.

[becci3623]

Pattymd, thanks for all you help...