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Sales Rep ~~mileage reimbursement policy. It is legal? Michigan

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  • Sales Rep ~~mileage reimbursement policy. It is legal? Michigan

    I work for a Sales and Merchandising Company and I am questioning their mileage reimbursement policy.
    The company is located in TX and I work in MI

    The policy is:

    I am NOT reimbursed for either the first 40 miles traveled to my first sales call or my first 40 minutes of drive time. Whichever comes first. I am then reimbursed for my miles between each store and my travel time. Then after my last store of the day, same thing.
    First 40 miles or 40 minutes travel home NOT reimbursed. Only time and mileage after 40 is reimbursed.

    They figure people don’t get paid to drive to the office so they should have to pay us to drive to our first sales call. They said our DAY STARTS at the first store and ENDS at the last store.

    We are hourly and we have to keep track of hours worked in the stores, travel time between stores and of course our mileage. We are also allowed office time to complete any paper work and answer and send email.


    Now!

    We are required to synchronize our handheld computers that we uses daily, and this requires us to plug in the handheld to a docking station and go to our home computers and “sync” with our home office to pick up any information we need for work.

    Also required to read email before we leave the house.


    We are required to repeat the above again when we get home at the end of the day.


    So my question is? When did my “work day” start?
    And when did my "work day" end?

    When I got to my first store or when I was required to take time and “sync” and read email?

    I think it starts in morning when I am required to Sync and read email and it ends in the evening at home when I have to once again sync and read email. I should be paid all mileage and all drive time.


    Please help, we are considering a class action lawsuit.

  • #2
    All other things being equal, they're right on the travel issue.
    § 785.35 Home to work; ordinary situation.
    An employee who travels from home before his regular workday and returns to his home at the end of the workday is engaged in ordinary home to work travel which is a normal incident of employment. This is true whether he works at a fixed location or at different job sites. Normal travel from home to work is not worktime.

    http://ecfr.gpoaccess.gov/cgi/t/text....2.44.3.438.24

    Relative to your side tasks, when the work day "starts and ends" is really irrelevant. Syncing your handheld, checking and responding to email, is work time and must be paid for. However, let's say you leave your last store at 5:30 and get home at 6:30; we've already determined that is commute not, not work time. And let's say you spend 15 minutes sometime during the evening and in the morning (the exact hour doesn't make any difference); that 30 minutes total is work time and therefore compensable.

    There are only two states which require mileage reimbursement or other payment for use of a personal vehicle for business travel, and Michigan is neither one of them. So, whatever you're getting is more than the law requires (which is zero).
    Last edited by Pattymd; 05-09-2011, 04:01 PM.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

    Comment


    • #3
      Apologies, I know I just posted this on another thread, but I doubt the OP will end up reading that. This case mirrors yours in certain key areas. It is still in appeals:

      http://www.legalworkplace.com/court-...pay-payla.aspx

      Comment

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