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Thread: LABOR QUESTION

  1. #1
    Join Date
    Oct 2005
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    LABOR QUESTION

    I work for a company here in fla and we use to do piece work. They have changed over to hourly pay but they dont want to pay for travel time between jobs. Nor do they want to pay you hourly rate when you come into work to fill out your paper work from the day before... Is this right? Can they do it??? My travel time eats up like 2 to 3 hours a day and then they want to take 45 min for lunch out too.... I am only getting about 5 hours a day in this way and it to be honest with you SUCKS! Can anyone tell me if this is right.... thanks!
    Sir Ace says, Don't hate the breed, just the breeder!

  2. #2
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    Nov 2007
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    Quote Originally Posted by toyo066 View Post
    I work for a company here in fla and we use to do piece work. They have changed over to hourly pay but they dont want to pay for travel time between jobs. Nor do they want to pay you hourly rate when you come into work to fill out your paper work from the day before... Is this right? Can they do it??? My travel time eats up like 2 to 3 hours a day and then they want to take 45 min for lunch out too.... I am only getting about 5 hours a day in this way and it to be honest with you SUCKS! Can anyone tell me if this is right.... thanks!
    You are getting screwed. Travel to first job of day or to the shop is on your time within reason of course. Travel from last job home also your time. Paperwork should be paid too. Any travel between jobs should be paid at full hourly rate.

  3. #3
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    Mar 2007
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    That's bull@#$%, if you ask me.

    I'd be looking for a new job.

  4. #4
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    Quote Originally Posted by BergerMech Rob View Post
    That's bull@#$%, if you ask me.

    I'd be looking for a new job.
    Yep. Start looking NOW.
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  5. #5
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    Sep 2007
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    NC Coast
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    Ditto..... I am not about to travel for free when in the summer I wont get home until after 10 pm and my calls could be up to an hour from home. Its my time and Your paying it!!!
    If he doesnt want to pay for paperwork.... then there IS NO paperwork!
    Silent Service........ Death From Below!

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  6. #6
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    Feb 2004
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    Hampstead/NH
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    If they want to screw you like that, you should leave and I would take as many customers with me that I could. Tim

  7. #7
    Join Date
    Oct 2008
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    Massachusetts
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    Hopefully you've been documenting this. I'd file a complaint with the State once I found work elsewhere and don't let anyone there know where you went.
    They owe you money.

  8. #8
    Join Date
    Jun 2004
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    Location:Raleigh NC
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    Are you consider a sub contractor or an employee??

    Portal to Portal (job to job) is stander for any decent company.
    If you help others then you are a Success

  9. #9
    Join Date
    Oct 2002
    Location
    Lady Lake, Florida
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    If I were you I would definately be looking elsewhere for work. Odds are I bet they still charging the customers for travel or " portal to portal " time which is something they should be smart enough to do if they expect to make money. You should be paid that, as it is legally billable time.

  10. #10
    Join Date
    Dec 2002
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    Arizona
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    Here are a couple of questions and answers from ACCA website.

    A member asked us:
    "What determines when a service tech's pay starts and stops? Is it when he leaves his house? When he arrives at the jobsite?"

    Adams & Reese's Brooke Duncan responds:


    Time is compensable whenever the time being expended benefits the employer.

    Driving in a company vehicle from home to worksite is compensable if doing so benefits the employer at all -- for exmple, if the employee uses the time in the vehicle to receive assignments or otherwise conduct company business, or if it benefits the employer for the tech and his vehicle to go straight to the site instead of first to the shop.

    Riding as a passenger in the same truck—that's not compensable; the passenger is not necessary for getting the truck to the site.

    Driving one’s own car from home to a jobsite—not compensable because that’s commuting.

    Technicians who are PERMITTED (but not required) to take their vehicles home (i.e., they commute in a company vehicle) need not be paid for time spent driving to and from home because, again, commuting time is not compensable. This assumes that the employee is not doing company business while commuting, the commute from the last job of the day to the employee's home is within the employee's normal commuting area, the employee is not required to pay for the vehicle's costs, and the employee and employer have an understanding that the employee will not be paid for such time.

    If you REQUIRE your technicians to take a company vehicle home and drive it to or from work or a job site, the time driving becomes compensable.

    Some points to remember:

    •Time spent traveling during normal work hours is considered compensable work time.
    •Time spent by an employee that is incidental to the use of the vehicle for commuting are generally not hours worked and do not have to be paid (e.g., getting gas or putting air in the tires).

    •If an employer requires returning the vehicle to the shop at the end of the day, the time spent doing so is compensable because the activity benefits the employer.

    DISCLAIMER

    This response is intended for general informational purposes only and should not be construed as legal advice or a legal opinion, nor is this response a substitute for formal legal assistance. For help with particular legal needs, members are invited to consult with Brooke Duncan III of Adams and Reese LLP.


    Brooke Duncan is one of the nation's leading labor attorneys and a partner with Adams & Reese in New Orleans. He is ACCA's legal partner and helps answer general questions on legal issues for contractors.

    One more question and answer.



    A member asked us:
    "We have out of town jobs that require the employee travel up to 100 miles or so per day, one way, to the job. Is there any provision to create a differential lower rate of pay from their regular working rate, for this travel time?"

    Adams & Reese's Brooke Duncan responds:


    Yes. An employer and its employees can agree that such travel time will be paid at a rate of at least minimum wage. Then, for the purpose of establishing the "regular rate of pay" from which an overtime rate is determined, a weighted average of the rate paid for actual work and the rate paid for traveling to the job is computed. That new rate becomes the rate to which time and a half is applied for overtime hours.

    (By the way, "agree" in this context can mean that the employer adopts a policy which the employees agree to by virtue of continuing to remain employed.)

    DISCLAIMER

    This response is intended for general informational purposes only and should not be construed as legal advice or a legal opinion, nor is this response a substitute for formal legal assistance.




    Brooke Duncan is one of the nation's leading labor attorneys and a partner with Adams & Reese in New Orleans. He is ACCA's legal partner and helps answer general questions on legal issues for contractors.

    Hope this helps.
    Make your expertise uniquely valuable.

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  11. #11
    Join Date
    Nov 2008
    Location
    Stoney Creek, Ontario
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    24
    All the places that i have worked at payed 1 way travel, but some times bothways depending how far you had to travel if more than 30kilometers

  12. #12
    I use to live in Tampa,FL a couple of years ago,and the contractor I worked for did Commercial work all through out the state of Florida,We were constantly traveling. It was always my understanding you are to be paid from your house to the job (If you are the driver). Now if you are going to the shop from you house not so,you would only be paid from the shop to the job. Now if you are a helper/rider you are to be paid after 30 min/15 miles from the shop. I would start looking for another job,don't say anything to anyone,contact the state labor board and file a complaint if need be after consulting with your attorney,also find a good labor attorney to seek a licensed opinion.

    My previous bosses wife was a corporate attorney with which he would cover his a@# with, he was always pulling slick Sh@t.

    Do you have any other co-workers who have recently left, get as many x co-workers on your side as you can (band of brothers style) it will give your story more credibility.

    Ask your attorney about the lead better act (fair pay act ) they just passed it since the beginning of the year not sure about it 100% but it may work to your favor, the attorney could give you a better answer!!

    Good luck

  13. #13
    Join Date
    Nov 2005
    Posts
    1,350
    This is no joke!!! You can get paid for this and for what has happened in the past. Brinks workers filed suit and won, for just this.

    Employers can play it safe by saying that you can use the vehicle for personal, if need be. You are not to do any work in the van to and from home.

    Many of the commercial companies in the area paid their techs roughly 7k to sign a waiver not to file suit.
    I STARTED WITH NOTHING, AND I STILL HAVE MOST OF IT!

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