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Load/Unload + DriveTime Not Paid For!!! Is that Legal? Washington

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  • Load/Unload + DriveTime Not Paid For!!! Is that Legal? Washington

    I work for a Demolition company, When a job is started you have to be at the shop like for instance at 5am, you load up the truck and drive to wherever the job site is and when the job is over, you have to drive back to the shop and Unload the truck, which is usually from 1-2hrs each time and that time is not on the check. So u have to be there and ready to go at 5am and loading and driving to the site, but your timecard doesnt start til say 7am, and if your off at say 8pm, your time card will stop at 8pm but you wont be heading home til around 10pm.

    1 other question, If the job is Prevailing wage, which is $40/hr and the job goes over 40hrs you wont get those extra hours on your timecard, like if you worked 44 hrs, your time card will only show 40, I'm pretty sure this is illegal, I'm just curious if there is a way to report something like this without using my name and losing my job. Can someone tell me a way to prove this, like take a pic of myself in the morning when the job starts and a pic when we stop and a pic at each break, when we do get breaks, at this place we dont get lunch or breaks unless were doin a 16hr day.

    I would just like some way to prove this so If I leave or get fired I can have definitive proof of these things but In a way that noone will notice what I'm doing?

    Really appreciate any comments, Thanks!

  • #2
    RE: Load/Unlaod time

    You have a valid concern. Based upon the information you gave and assuming that the employer is the one who requires you to report and load the vehicle, then you might want to look up the Brinks case which can give you information. While it pertains to the Brinks Security firm, the drive time situation is similar. Also, WA statute has overtime defined as time worked in excess of 40 hours a week so it appears that your employer is in violation of that as well.

    I am sure my other colleagues will chime in with additional information. Perhaps this will get you started though. Best of luck.


    • #3
      RE Load/Unload

      Oops = by the way, if your are being paid prevailing wage, am I correct that you are on a public works contract? If so, your employer violating such issues is a big problem and should be reported to the stated DOL. A contractor who is short changing his/her payroll is not playing on a level field as his/her competitors.


      • #4
        If its a regular base pay job, ya we get overtime, but on a prevailing job if it goes over, we dont get it, I mean I could complain and Im sure id get it, but they would probably just wait a week or so and fire me for something else, there not stupid they wouldnt fire me for that.

        Ya the job where i didnt get a couple hours of OT was a State job, but just 2 hours of OT would be $120, which is a pretty bid deal.

        Noone have any advice how I could prove it, I mean Im still working there, the only thing I could think of is to take a pic of when I start working and when I stop and they could compare that to my hours on my paycheck and see that there not paying it.


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