Forums
Drive time 'pay or not to pay'
Benefits & Compensation
Drive time 'pay or not to pay'
Exchange ideas about health plans, retirement, work/life benefits, and employee assistance.
We are hiring hourly non exempt employees. They will be working out of town. The hiring manager wants to pay a set fee for drive time....for instance.....$50.00 if you are driving in Zone 1 (which is
0
Cat:Topic ForumsForum:ForumId52
Cat:Topic ForumsForum:ForumId52Discussion:DiscussionId36575
Forums » Topic Forums » Benefits & Compensation » Drive time 'pay or not to pay'
|
Drive time 'pay or not to pay'
posted at 6/8/2010 10:37 AM EDT
|
Posts: 17
First: 6/4/2010 Last: 9/14/2011 |
We are hiring hourly non exempt employees. They will be working out of town. The hiring manager wants to pay a set fee for drive time....for instance.....$50.00 if you are driving in Zone 1 (which is designed by same manager).
Is this legal? Don't we have to pay for whatever their drive time is via hours? Kris |
|
|
Drive time 'pay or not to pay'
posted at 6/8/2010 10:48 AM EDT
|
|
Posts: 1771
First: 10/24/2002 Last: 9/14/2011 |
Yes, absolutely, you're correct, you must pay for driving time as in hours spent driving on the job, that's the law. Period.
If you do it the way the hiring manager wants to do, and one of these employees makes a wage and hour claim, you'll be on the hook for all the time you didn't pay for + OT pay if relevant. And the $50 you paid may well not be deducted from the calculation! |
|
|
Drive time 'pay or not to pay'
posted at 6/8/2010 10:57 AM EDT
|
|
Posts: 17
First: 6/4/2010 Last: 9/14/2011 |
This may sound crazy, but.....we have another department that the employees are required to show up at the job-site (we are a construction company) and we do not pay for their drive time. The only time we do pay for drive time for those employees is if we require them to come to our office first. I believe that is what the other manager is assuming as well. |
|
|
Drive time 'pay or not to pay'
posted at 6/9/2010 3:15 AM EDT
|
|
Posts: 1771
First: 10/24/2002 Last: 9/14/2011 |
Okay, this is starting to get confusing.
To elaborate and clarify, you don't have to pay for time spent driving from home to the worksite (whatever that is - the office, the job site, whatever) at the start of the workday, nor do you have to pay for time spent driving from the worksite (again, whatever that is) to home at the end of a workday. It's all the drive times between the above-noted two that you have to pay the employees for, at their regular hourly rates of pay. |
|
|
Drive time 'pay or not to pay'
posted at 6/15/2010 7:50 AM EDT
|
|
Posts: 237
First: 7/10/2007 Last: 8/31/2011 |
FYI: I had a DOL audit in another company several years back(retail chain). The only thing they didnât like was paying the closing employee (non-exempt) a flat rate to make the bank deposit after closing. They actually drove the route to the bank and determined that while the rate paid was fair, it still be paid on the basis of measured time. |
Forums » Topic Forums » Benefits & Compensation » Drive time 'pay or not to pay'
