Riding Time

ray emser

We are a construction co. We have an ee (in the state of GA) who has been issued a co. truck to drive to and from work. He is not paid riding time, his time starts once he gets on site. Some days he picks up other ee's and materials from our office. Now he is making some noise about the laws saying he is entitled to travel time on those days. Is he correct?

Theresa Gegen TX

Yes, if he is picking up the materials for the company's benefit (and don't forget about overtime). But he might be entitled to pay for his driving time on other days too.

If he is driving the co vehicle for the benefit of the company (to and from work) and can't use it for personal business (like the company forbids him to stop by at the grocery store), and he is responsible for the company equipment and vehicle, he might be entitled to pay for all his driving time (I dealt with this with the DOL before).

One thing you can do in the future (althoug for the past, he will be owed backpay at his full rate), is to set a policy where driving time is paid at a low rate (for example, driving time is paid at mininum wage, while work time on the job is at his regular wage).

Good Luck!

Hatchetman

As far as picking up other employees, unless that is required of him by the cmpany, the answer would be no.

I assume he has to get to the site by a certain time, regardless of whether or not he picks up employees or even the material from the office.

So, the next question is, when he picks up the matieral from the office, is that being required by the company, is that part of his job, or in furtherance of his duties at the site -- in furtherance of the company's principal activity. If so, you would have to pay him for the travel time -- as work time -- from the office to the worksite.

Take at look a the FLSA Regulation at the Code of Federal Regulations, volume 29, Section 785.38 that addresses this partiuclar issue:

[url]http://frwebgate.access.gpo.gov/cgi-bin/get-cfr.cgi?TITLE=29&PART=785&SECTION=38&YEAR=1998&TYPE=TEXT[/url]

In comparison, take a look at Section 785.35, which just deals with regular home to work travel:

[url]http://frwebgate.access.gpo.gov/cgi-bin/get-cfr.cgi?TITLE=29&PART=785&SECTION=35&YEAR=1998&TYPE=TEXT[/url]

Pork

Section 785.36, .37, & 38 "Travel that is all in the days work". Is the words that you need to read and insert your companies situation with this ee. It appears the ee may just be right! it all pertains to primary place of work; the starting place. If the employee is a mechanic that normally works in a garage and he is provided with a truck for the after hours jobs emergency and he travels normally from home to work (garage) his time would start when he arrives and punches in for work at the garage. When he is called out or sent to some other temporary work site his time starts from his door step and stops when he punches out in the garage or when he returns to his door step if he never got back to the garage, the normal work site. By the way make sure he is keeping a personal use log for the time he is travelling from work to home and back to work without an emergency. Uncle sam wants his money that is provided in the from of transportation when not on an assigned job requiring the use of a company vehicle. Home to work and work to home is personal use and "uncle sam" wants his money derived from this income generated. The employee can not have his cake and eat it too. Perks are perks and they can not be overlooked. Pork