Should I get pay for travel time in the morning. Landscape labor.

3 views 1 answers
This is my daily agenda, I got to the shop at 6:30am, hop on the company truck and travel to the property where we are going work on. We start to get paid at the time we get to the property and not from the time we hop on the truck. Their are saying that because the shop is not the job site where we are performing the work, they are not entitle to pay us travel time to the property. If that is the case if we are riding on the truck but we are not on the time and some accident happens we are not cover by work comp. Either then. They say that the riding time in the morning from the shop to the property is like they are offering us the transportation.

Attorney Answer

1
Susan Wuchinich 607936.Html ·
When you report to the shop, do you get instructions for the day, pick up tools and supplies to do the work before you travel to the job site? If so, it is considered "travel that is all in a day's work" and compensable under the Fair Labor Standards Act FLSA) as hours worked. In order to be covered under the FLSA, the employer must be grossing at least a 1/2 million a year in business and have 2 or more employees who handle goods that have moved in interstate commerce; most employers meet this coverage test today. I have included the pertinent United States Department of Labor regulation below. "29 CFR 785. 38 Travel that is all in the day's work. Time spent by an employee in travel as part of his principal activity, such as travel from job site to job site during the workday, must be counted as hours worked. Where an employee is required to report at a meeting place to receive instructions or to perform other work there, or to pick up and to carry tools, the travel from the designated place to the work place is part of the day's work, and must be counted as hours worked regardless of contract, custom, or practice. If an employee normally finishes his work on the premises at 5 p.m. and is sent to another job which he finishes at 8 p.m. and is required to return to his employer's premises arriving at 9 p.m., all of the time is working time. However, if the employee goes home instead of returning to his employer's premises, the travel after 8 p.m. is home-to-work travel and is not hours worked. ( Walling v. Mid-Continent Pipe Line Co., 143 F. 2d 308 (C. A. 10, 1944))."
0 upvotes