Thank you for your question. Please permit me to assist you with your concerns.To answer directly, if you are driving a vehicle for the benefit of the employer, the employer must compensate you for that time. Therefore they cannot lawfully make you do anything 'off the clock' for their benefit--if hey want you to drive the vehicle, they have to compensate you for that time. Unless the employer pays you not hourly but for delivery (for project), then making you drive the vehicle back is likewise something for which the employer can to compensate you for.Good luck.
I was wondering if I could just get a bit more clarification to confirm what I am trying to verify. my boss is saying that both the drive from my home to the pool pick up site and the drive to my first pt should be off the clock and that I have to clock out when done with my last pt and drive the car back unpaid and then drive home unpaid. Is this possibly legal?
Thank you for your follow-up, Kelly. I would be happy to clarify further.A drive from your home to your first location is generally 'off the clock' because that is normal travel that anyone would make to their office. But beyond that, clocking out when you are still driving a vehicle for the benefit of the employer is not legal. Driving the vehicle TO work is not covered, and driving the vehicle back home is likewise not covered. All other times are covered and something for which the employer is required to compensate.Good luck.
I am sorry to keep bugging you on this but I was a little confused by a statement you made here. you state driving the vehicle to work is not covered-and that is what my employer is stating as well-that the drive to the pt's home is the drive to work. when you say this do you mean if I am driving the vehicle from home to work? because I am driving from home in my personal car to the pool site-obviously off the clock, then getting in their car and going to my first pt. they are saying I can't clock in until I get to that 1st pt's house. I think I should be clocking in when I get into the company vehicle. which of us is correct?
Kelly, Now I understand. In that case there is no contrary and confusing information. The second you are at the pool-site in your private car, you are driving to work. When you get into THEIR car, you are on THEIR time (meaning you can now bill them for the time). The reason is because getting to the pool side for you is the first legal stop--it is ultimately you clocking in at work. If they allowed you to take their car to your home, an then drive that car from your home to the first site, then yes, they would not have to pay you until you got there. but getting behind the wheel of their vehicle on their property is considered to be an employee duty, which means they have to pay for it.Hope that helps.
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