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paid while driving company vehicle

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  • paid while driving company vehicle

    My husband drives a company service van all day and brings it home at night. He starts his day by leaving the house and driving straight to the job site. His employer deducts at least 30 min in the morning and 30 min for the drive home. Is this legal? If he is in a company vehicle, representing the company and can not drive that vehicle any where else for personal use (ie: vehicle has GPS), and it takes less time to get to the job site than if he drove all the way into the shop, then why can they deduct time from him? It is costing us hundreds of dollars a week.

    My second question is per diem. I found that in Missouri they should be giving him $89/day for lodging and $47/day for meals and incidentals. Is this true? What can he do if he hasn't been getting the correct amount for out of town trips?

  • #2
    It doesn't matter whether he's in a company vehicle or not: he is not entitled under the law to be paid for drive time from his home to the job site (or the first job site of the day) or from the job site (or the last job site of the day) to his home.

    It's not what vehicle he's driving that counts; it's where he is going. Commuting to and from home is NOT compensable time.

    I dont' believe any state mandates a per diem amount.
    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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