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Service truck refuel issues..... California

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  • Service truck refuel issues..... California

    I work for an undustrial equipment company who supplies our service trucks. They now require that we refuel and clean the service trucks on our own time, off the clock.

    Can they require us to work on their vehicles while off the clock??

  • #2
    Assuming you are an hourly, non-exempt employee, your employer must pay you for all the time it "suffers or permits you to work" - including the time you refuel/service its trucks.
    Barry S. Phillips, CPA
    www.BarryPhillips.com

    IRS Circular 230 Disclosure: This response is intended to provide general information and written for educational purposes only. It does not establish a client relationship. This communication is not intended to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to any party any matters addressed herein.

    Comment


    • #3
      Originally posted by BSPCPA View Post
      Assuming you are an hourly, non-exempt employee, your employer must pay you for all the time it "suffers or permits you to work" - including the time you refuel/service its trucks.
      Yes sir, I am an hourly employee. Their reasoning is that they want more billable time to customers, even tho they are billed for our travel time (travel time is at a less rate than labor hours) and the whole 15 minutes it takes me to refuel the truck every other day is unacceptable to them.

      What can I do to protect myself here? Bill them the time it takes me to refuel the truck, after hours OR do I simply contact the labor board on this? They just want more and more from us and ive reached my limit, time to fight back.

      BTW, Thank you for a quick response on both my issues!

      Comment


      • #4
        Your company should recompense you for ALL the time you work (including the time you spend refuelling the company trucks). If your company refuses, your alternatives are: (1) live with it, (2) file a complaint with the DLSE http://www.dir.ca.gov/dlse/HowToFileWageClaim.htm, or (3) retain an attorney and sue the company.
        Barry S. Phillips, CPA
        www.BarryPhillips.com

        IRS Circular 230 Disclosure: This response is intended to provide general information and written for educational purposes only. It does not establish a client relationship. This communication is not intended to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to any party any matters addressed herein.

        Comment

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