DOL Legal Advice

Discussion in 'Off-Topic' started by Leberbs, Aug 28, 2018.

Submit a complaint to DOL?

  1. Absolutely

    100.0%
  2. Nah

    0 vote(s)
    0.0%
  1. Leberbs

    Leberbs SS.org Regular

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    Just got off the phone with an attorney and the DOL. Basically it's a double edge sword of fxckery. They don't have to pay me until I get to the jobsite. So, that 45mile radius from the jobsite can change by their command.
     
  2. Drew

    Drew Forum MVP

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    If I follow this right:

    https://www.nolo.com/legal-encyclopedia/paying-employees-business-travel-on-call-30074.html

    ...then travel time and whether or not they're obliged to pay for it is a bit up in the air. They're not obliged to pay you for your normal commute, which if I follow right could include a commute to a worksite other than your normal office (or, in the example they provide, the commute to an airport or train station for a business trip, as it would only become travel time once you reached the station). If you were commuting to a central location and THEN being sent out on the job, then time from the central location to the job site would constitute travel time they would be obliged to pay you.

    So... Again, if I follow this right... they're under no legal obligation to offer you any compensation at all for what, legally speaking, is your commute, provided that commute is within 45 miles of your address. The fact that they're paying you anyway for that time even thought it's technically not "time worked" actually DOES make it more of a "bonus," as kind of a benefit or a perk, that they're voluntarily offering you that they're not legally obliged to do.

    The optics of tracking these "bonus" hours spent going to and from the job sites through the regular hourly wage system are probably needlessly confusing, since it sort of does create the impression that you "worked" 55 hours, inclusive of travel time, but you're not getting overtime on it. But, unless they're having you commute to a central location and then travel to a job site, you're technically not on the clock, and it IS a bonus they're paying you.

    I mean, I get that you feel like you should be getting overtime on this just because of the way they're tracking it... But trust me, man, I wish my company gave me a bonus at my hourly-equivalent salary for the time I spent commuting to and from work. :lol: It's actually a nice benefit, if I understand this right.
     
  3. jaxadam

    jaxadam SS.org Regular

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    Hot damn Drew, droppin’ knowledge up in this m@therf!cker... that’s why you get paid the big bucks!
     
  4. Drew

    Drew Forum MVP

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    :lol: I'll tell my boss to give me a raise.
     
  5. jaxadam

    jaxadam SS.org Regular

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    I think it will sound better coming from me. Have your people get in touch with my people.
     
    ElRay likes this.
  6. Drew

    Drew Forum MVP

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    I'll get right on that. :yesway:
     
  7. Leberbs

    Leberbs SS.org Regular

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    It seems that way. After really digging into it, I'm just amazed how the law is written. Even the DOL rep told me, "the law is written to benefit the employer." Guess I'm just going to eat ass until something that suits me comes along.
     
  8. NateFalcon

    NateFalcon Party’s over

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    If you’re driving a company provided truck AND you travel from home straight to the job site, then it sounds like they’ve got you (unless you want to walk away and pursue legal action). They had you when you “agreed” to go straight to the job without without clocking in from their office. I’ve also had nothing but problems taking a company vehicle home, the gas savings are usually enticing and that’s also where the company can take advantage of you...it’s not worth the responsibility for starters, all sorts of accidents and insurance snafus can land the driver into problems, and second...they usually can get around gate-to-gate timecard laws.
     

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