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Pay to the job site Michigan

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  • Pay to the job site Michigan

    I work for a company and they wont pay til we get to the job site.
    we start out of our own house in the morning
    I have a company truck and I "clock in" when I get to the 1st job.
    also I don't get the return trip paid either, last job of the day is when I "clock out" when finished
    the company reason for this is they are giving us a truck
    so they think its O.K.

    it seems to me that this would be quite illegal as I need to be in control of their property til I get home
    what do you think?
    thanks for your time

  • #2
    http://www.dol.gov/dol/allcfr/ESA/Ti...9CFR785.35.htm

    The fact that it is a company vehicle is irrelevant for purposes of determining hours worked.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      so they dont need to pay
      even if some trips in the morning could be an hour or more?

      Comment


      • #4
        That's correct.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          thanks for the info
          seems they get out of paying us quite a bit of money that way

          Comment


          • #6
            Not saying they can't pay, just that they aren't legally required to.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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            • #7
              FYI, in the 1940s Congress wrote a law (Portal-to-Portal Act) which very specifically said that commutes were almost never to be considered hours worked. This is a sixty plus year old law with a lot of court and administrative decisions behind, so it is well understood.
              "Reality is that which, when you stop believing in it, doesn't go away".
              Philip K. **** (1928-1982)

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              • #8
                Also just to clarify, if you work at more than one jobsite in a day, the travel time between sites IS to be paid.

                Ex.- Drive from home to first site (A) is not compensable. Drive from site (A) to site (B) is compensable. Drive from site (B) to home is not compensable.

                Comment


                • #9
                  Agreed. The federal rule set on travel time in it's entirety is 29 CFR 785.33 - 785.41. If you look at the entire rule set, you can get a good feel for what all of the exceptions to the general rule are.
                  "Reality is that which, when you stop believing in it, doesn't go away".
                  Philip K. **** (1928-1982)

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                  • #10
                    well thanks for all the info
                    I used to drive 10 minutes to work punch in then do my job(my own car)
                    now I have to drive some days up to an hour to and from
                    it just sucks that a company can get away with this
                    I guess on my last day they will be coming to my last stop and getting the truck

                    thanks again

                    Comment


                    • #11
                      I just thought of something
                      when I get home I still have "work" to do; paperwork (emailing and getting my next days work) filling my water jugs, and taking care of my trash.
                      how does all of this fit in with the laws?

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                      • #12
                        Hours worked are hours worked, even at home, although I am skeptical that filling water jugs and dumping trash will be considered hours worked by DOL. Completing employer required paper work is generally considered hours worked.
                        "Reality is that which, when you stop believing in it, doesn't go away".
                        Philip K. **** (1928-1982)

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                        • #13
                          so would the drive from the last stop be counted
                          and I just gave you a few of my duties for example
                          putting gas in the truck is another
                          so if I put gas in the vehicle which they pay for then do I get paid to the next stop?
                          I know this sounds petty but it just doesn't seem right to me

                          Comment


                          • #14
                            There are no circumstances under which the law requires that you be paid for the time before you reach the first job site, or after you leave the last job site. Putting gas in the vehicle is irrelevant.
                            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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                            • #15
                              guess that settles it time for a new job

                              Comment

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