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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 17888
Experience:  B.A.; M.B.A.; J.D.
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I work Construction Rentals. We install Temp. fencing sites

Customer Question

Hello, I work for National Construction Rentals. We install Temp. fencing for construction sites and special events like fairs, air shows, music festivals, etc. I work as a foreman at our Memphis, TN location. The Memphis location is a branch office off
of the Atlanta Regional Office. Our Memphis location does not have power, because of this, I am required to do some of my work from my house off the clock and without pay. Everyday, I have to download and print my daily contracts, then drive an hour to work
before I am allowed to clock in. After I complete my jobs for the day, I am required to clock out then drive home an hour do all of my daily paperwork, scan and email the work to the Atlanta office. Normally, at all of our other locations, this is done at
the yard by fax and on the clock. But with not having power, my situation is different. In order for me to be at work on time (6am) I must leave my house by 5: am. Most of the days I am sitting around waiting for hours before I even receive my work for the
day. I have asked many, many times for my work to be sent to me the night before so I don't have to wait around in the morning and always clock in late, The office won't do it. This has been a problem for about two years now. I am not on a salary, I get paid
by the hour or by the foot of fence if I am installing or removing fence. My company also has what they call a "non working minimum" for when we are doing work for the company that is not installing or removing fence. My rate for non working minimum is $18.00.
I average well over 40 hours a week, so most, if not all of this would be at overtime. My question is what amount of back pay am I entitled to? Are the required to pay me for sitting around waiting for them to send me my work? Required to pay me for driving
time? I am not sure what the rules are for Tennessee on what to do or how to handle this. Hopefully you can understand my questions, thanks
Submitted: 1 year ago.
Category: Employment Law
Expert:  Phillips Esq. replied 1 year ago.
Hello: This is PhillipsEsq. I am a licensed Attorney and I will be assisting you today.
Hello, I work for National Construction Rentals. We install Temp. fencing for construction sites and special events like fairs, air shows, music festivals, etc. I work as a foreman at our Memphis, TN location. The Memphis location is a branch office off
of the Atlanta Regional Office. Our Memphis location does not have power, because of this, I am required to do some of my work from my house off the clock and without pay. Everyday, I have to download and print my daily contracts, then drive an hour to work
before I am allowed to clock in. After I complete my jobs for the day, I am required to clock out then drive home an hour do all of my daily paperwork, scan and email the work to the Atlanta office. Normally, at all of our other locations, this is done at
the yard by fax and on the clock. But with not having power, my situation is different. In order for me to be at work on time (6am) I must leave my house by 5: am. Most of the days I am sitting around waiting for hours before I even receive my work for the
day. I have asked many, many times for my work to be sent to me the night before so I don't have to wait around in the morning and always clock in late, The office won't do it. This has been a problem for about two years now. I am not on a salary, I get paid
by the hour or by the foot of fence if I am installing or removing fence. My company also has what they call a "non working minimum" for when we are doing work for the company that is not installing or removing fence. My rate for non working minimum is $18.00.
I average well over 40 hours a week, so most, if not all of this would be at overtime. My question is what amount of back pay am I entitled to?

Response 1: I cannot answer this question because all your hours need to be calculated including applicable wait and travel times. It is illegal for the company to ask you to do part of the work from home without being on the clock. You must be paid for ALL hours worked.
Are the required to pay me for sitting around waiting for them to send me my work?
Response 2:It depends. If you are on-call, the waiting time must be paid for. Otherwise, no. Click on the link below for more information:
http://www.dol.gov/whd/regs/compliance/whdfs22.htm
Required to pay me for driving
time? I am not sure what the rules are for Tennessee on what to do or how to handle this. Hopefully you can understand my questions, thanks

Response 3:No, if you are travelling from home to work and then back home. However, you must be paid for all hours worked at home. Click on the link below for more information:
http://www.dol.gov/whd/regs/compliance/whdfs22.htm
You need to file wage claim against your employer with U.S. Department of Labor, Wage and Hour Division, or Tennessee Department of Labor and Workforce Development:
http://www.dol.gov/whd/america2.htm#Tennessee
https://www.tn.gov/workforce/article/help-directory

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