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TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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I own a paratransit company in Mississippi. Our drivers transport

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I own a paratransit company in Mississippi. Our drivers transport clients to dotors appointments. After the driver drops off a client , the driver may have a 2 hour wait or down time. drivers are paid an hourly wage. Is it legal to not pay the driver for this down time? A company in our area does not pay there drivers for the down time. They turn the vehicle off, and consider the driver not on call during this particular down time??
Are your drivers independent contractors or employees?
Customer: replied 3 years ago.


employees

Ok,

I need to know more. Like when a driver reports to work each day, are the times which he will be driving already set and there are no additional calls that could come in which you have to schedule on the fly?

Do your drivers have to stay in contact with you during the day?

If they are not on call, may they leave and do anything they want for a set amount of time?
Customer: replied 3 years ago.

Yes we do schedule calls onthe fly.


Yes drivers stay in contact with us.


 


Drivers are not allowed to leave and do anything for a set amount of time.

Customer: replied 3 years ago.

Yes we do schedule calls on the fly. Drivers stay in contact with us during the day. Drivers have to stay with there vehicle and are not allowed to leave.

Then the drivers are on-call and must be compensated for the entire time. If the other company in town is doing this, they are exposed to very large penalties from the state and potential lawsuits from their employees.

Please let me know if you have further questions. Please also consider rating my answer positively so that I am compensated by the website for my work on your question.

Thanks,
ZDN
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