Employer unwilling to pay travel time sfter we have clocked in and started work.?
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Employer unwilling to pay travel time sfter we have clocked in and started work.?
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If we are travelling somewhere that takes over half an hour to get to and over half an hour to get back, employer will not pay for that hour,meaning we have to do an extra hours work to make up our eight hour day.This is after we have clocked in,loaded the van,and started driving to our job.Not to be confused with our travel time in private cars to our place of work,we do not want to get paid for that.us employees have been trying to find legal info on this as our employer is adament that this is legal. please help if you can. cheers
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hr4me
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If you are in the U.S. then check the department of labor web site and look up the rules concerning travel time:
http://www.dol.gov/compliance/topics/wages-other-travel.htm
Also, you would need to check the web site for the state you work in as they may have laws in place that cover this as well. |
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michr
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anywhere in the US this is illegal.
if you have to go to a central location before you go to the job site then you are working once you clock in at that central location, travel from work site to work site is to be paid.
US Department of Labor
Employment Standards Administration
Wage and Hour Division
Fact Sheet #22
second page
http://www.dol.gov/esa/regs/compliance/whd/whdfs22.pdf
state laws can only be stricter they can not set or allow a lower standard then the federal law mandates. |
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Leanne196
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If you are in the UK then this is not legal. Employers do not have to pay for travel to and from home/workplace or outside of normal working hours. Any travel outside of this is classed as "working time" and comes under the working time regulations 1998. Therefore it has to be paid and is counted towards your weekly working hour limits.
If you are employed as a driver then there are special rules regarding your working hours, breaks etc. The Road Transport (Working Time) Regulations define working time as the time from the beginning of work, during which the mobile worker is at the workstation (typically this means the driver's cab) and is at the disposal of the employer and exercising his functions or activities - that is to say:
a) the time devoted to all road transport activities including:-
* driving;
* loading/unloading;
* training that is part of normal work and is part of the commercial operation;
* assisting passengers boarding/disembarking from vehicle;
* cleaning, maintenance of vehicle;
* work intended to ensure safety of vehicle and its cargo and passengers (e.g. monitoring loading and unloading - including daily defect check and report);
The working time regulations are enforced by the Health and Safety executive and you can make a complaint to them anonymously on their website.
Try this website for good information:-
http://www.direct.gov.uk/en/Employment/Employees/WorkingHoursAndTimeOff/DG_10029426 |
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Mel
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Sorry for the lengthy answer, but this is a subscription-only site so I had to copy and paste. What your employer is doing is definitely illegal. If they won't stop, contact your local labor office (www.dol.gov) and file a complaint.
WORK-RELATED TRAVEL DURING A WORKDAY IS WORKTIME
Many employees are required to travel during the workday for their jobs. Generally, time that employees spend traveling during a workday in connection with work counts as worktime. Basically, if an activity is considered worktime, then the travel time associated with the activity is also worktime, which means the employer has to pay for it.2 See Memo 2200 Definition of Worktime.
Example: John is a repairman who sees a number of customers during each workday. John normally arrives at his office to pick up his tool box at 8 a.m. and drops it back off at his office at 6 p.m. All of the time that John spends traveling to and from customers (as well as the time he spends working for them) between 8 a.m. and 6 p.m. is considered worktime.
Example: Amy calls Fred to complain that a computer that Fred recently sold her is missing a part. Fred sends Max, a computer technician, to Amy's office to install the part. Fred must count the time that Max spends traveling to and from Amy's office as worktime.
Example: Shirley arranges to have her assistant, Lisa, attend a four-hour job-skills seminar being held at a community college campus. Lisa comes to work at 8 a.m. and works for two hours before leaving for the seminar. When the seminar ends at 2 p.m., she returns to the office and works until 5 p.m. Shirley must count all the time from 8 to 5 as worktime.
If the employees' travel is considered worktime, their company must reimburse them for work-related travel expenses and pay them for that time. However, the company may not have to pay for travel time at the employees' normal rate, and may instead pay as little as the minimum wage. See Memo 2420 Pay for Travel Time & Expenses.
EMPLOYEES' NORMAL COMMUTE IS NOT WORKTIME
Generally, travel time that is part of employees' normal commute is not worktime. Thus, a company need not pay its employees for the time they spend commuting to and from their normal worksite. However, if employees run errands for employers during their normal commute, or are sent to a special location, the travel time may be considered worktime. See Memo 2415 Commuting Time.
LEGAL CONSEQUENCES
If a company fails to pay for all of its employees' worktime, the company may be penalized for violating minimum wage, overtime, wage payment, and recordkeeping laws. |
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Pyar
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You need a lawyer who is well versed in labor law , in your area . What your employer is doing may be legal, but it sure as s*** isn't ethical ... I' d leave the idiot . He obviously only cares about his profit and not about his workers.
Good Luck! |
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Craig
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I'm contracted from 8 till 5 on a recent job I had to travel 250 to my job which I left at 5.30 I finished my job at 4 and they booked me digs next to my next job 300 miles away I got there for 20 past 10pm should they pay me over time |
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