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am I getting shafted in CA?

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  • am I getting shafted in CA?

    I have worked in the construction industry my entire career and have never had to deal with the situation I am currently faced with.

    1. My employer does not pay drive time. Even when he sells a job a hundred miles away. now if I was driving my own vehicle to the job I would have nothing to complain about but i am not I am driving his company vehicle hauling his tools and his product. I have to show up to his shop to get these things then drive to the job site. Ex; Be at shop at 5am drive 100 miles start at job 7am work until 330 0r 4 drive back to shop arrive at 6pm. not paid from 5-7am 0r 4 to 6pm is that legal?

    2. Owner of company has mandated Carhart overalls as a "uniform" for all field employees "so we look professional" we are supposed to pay for these ourselves and they run about $70.00 a pair. Personally I dont like to wear the same thing everyday and I cant afford more than one pair right now. I have been told that if an employer is mandating a uniform that they should pay for it. Also this "uniform" is not a safety device or tool nor does it assist me in my job functions.
    Most of the guys I work with are under 28 and they dont know anybetter this is their first serious job. The cost of this "uniform" is equal to a days pay for all of us. Also the deadline for the purchase is January 31, 2006 I do not plan on purchasing them and I may be fired as a result.
    Last edited by glazierinca; 01-10-2006, 08:19 AM.

  • #2
    1. Travel time in the course of employment must be paid for. Commuting to and from your regular place of work is generally not compenstated. However, any travel after your first place of work generally is. Thus, once you "pick up the tools", all time after that is work time whether you drive your own truck or one owned by the employer

    2. An employer can require that you wear any uniform, even if it has no relation to your job. However, the employer must pay for the uniform.
    Michael Tracy
    Attorney
    http://www.laborlawradio.com

    Disclaimer: The above response is a general statement of the law and should not be relied upon as legal advice. It only assumes the facts that are stated in the message. The above response does not serve to form an attorney-client relationship.

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