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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 15761
Experience:  Licensed Texas General Practice Attorney
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In Nevada can an employer require you to give an hour of unpaid

Customer Question

In Nevada can an employer require you to give an hour of unpaid time for travel. I am a virtual employee. I work IT from my company vehicle. My employer is stating that I start my shift at 7:30 am unpaid and be at first my job by 8 am. I should be finished with my shift at 5pm and give them 30 minutes on my drive home. Also mandate OT daily and a scheduled 15 day straight working weeks. 6 days off a month.
Submitted: 1 year ago.
Category: Employment Law
Expert:  ScottyMacEsq replied 1 year ago.
Thank you for using JustAnswer.
I'm sorry to hear about your situation.
First of all, you need to understand that Nevada is an "at will" employment state. At-will employment means that without a contract, you have no contractual or other right to employment with the company. The company is entitled to fire you for any reason: a good reason, a poor reason, or no reason at all--as long as the company does not fire you for an illegal reason (race, gender, age, religion, etc...). But it extends beyond firing, to hiring, promotions, demotions, wage cuts and raises, disciplinary actions, and even scheduling. Unless you can show that this was done in violation of a contract, union agreement, or a clear violation of an unambiguous and binding clause against the employer, or that it was done because of some minority status (age, race, gender, religion, disability) that you have, then they do have this discretion.
There's no limit in Nevada law or Federal law to how long your employer can work you, how many days straight, etc... so long as you're paid for the time that you actually work (assuming that you're hourly), and 1.5x your hourly rate for hours worked over 40 in a work week. So an employer can literally make you work 24 hours a day, 7 days a week. Now practically that's impossible, but it would be legal to do.
As to this time that you're not being paid, that's a bit more complicated. Travel time to and from the office generally is not paid, but travel time during the day (aside from the initial trip to and from the office) is to be paid. Time spent in home-to-work travel by an employee in an employer-provided vehicle, or in activities performed by an employee that are incidental to the use of the vehicle for commuting, generally is not "hours worked" and, therefore, does not have to be paid. This provision applies only if the travel is within the normal commuting area for the employer's business and the use of the vehicle is subject to an agreement between the employer and the employee or the employee's representative.
Now if your "office" was your home, and you had to travel, any travel time would be compensable. But the key is that your "office" is the vehicle. If the agreement is to pay you only from arrival at first site to the end of the last job, then those terms would likely prevail. An arrangement like you described is not uncommon and, if you think about it, is similar to an office job, which wouldn't pay you for your commute.
The "first commute" and "last commute" of the day is usually not compensable, unless you can show that the commute is FROM your office (i.e. if you're a telecommuting employee that works at home).
I know this is probably not what you wanted to hear, but it is the law. I hope that clears things up anyway. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** luck to you!
Expert:  ScottyMacEsq replied 1 year ago.
Did you have any other questions before you rate this answer?
Expert:  ScottyMacEsq replied 1 year ago.
I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know.If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** good luck to you!