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John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5617
Experience:  Exclusively practice labor and employment law.
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My son is permanently employed in Maryland last 6 years.

Customer Question

My son is permanently employed in Maryland for the last 6 years. Due to the nature of their work - landscaping - they get laid off work every year for about 1and half months. They get paid a weekly wage and all UIF, Taxes and Medical insurances gets deducted. The following questions are of concernr to him plus 3 other employees at the same firm.
1. They are not being paid drive time from their place of work to site and back - they need to return tools to the office
2. They only receive 5 working days leave which is unpaid - no work no pay
3. To survive with paying rent and bills during the 1 and half months they cannot claim unemployement due to the fact that they have to source an extra income to survive the laid off period.
4. For this specific job they need a truck driver licence which is renewable each year $80.00 which they
have to pay themselves but is is for the benefit of the company.
5. When they get laid off they get given only a few days warning which is also not right.
Please could you look into this as I am sure there are certain laws to protect employees in PA.
A concern parent.
Submitted: 2 years ago.
Category: Employment Law
Expert:  John replied 2 years ago.
Hi, thanks for submitting your question today. My name is John. I have over 13 years of legal and consulting experience in this area. I’m happy to assist you with your question today. The answers are as follows:
1. They are not being paid drive time from their place of work to site and back - they need to return tools to the office-- ANSWER - they should be paid hourly wage and overtime (if they exceed 40 hours per workweek in total hours) for this drive time to and from shop. The could file charges with the Department of Labor for this.
2. They only receive 5 working days leave which is unpaid - no work no pay-- ANSWER-- this is not illegal under Maryland or federal law. Paid vacation or time off is not mandated in this instance.
3. To survive with paying rent and bills during the 1 and half months they cannot claim unemployement due to the fact that they have to source an extra income to survive the laid off period.--ANSWER- They could file for partial unemployment benefits, which would entitle them to some benefits, but the law requires a person to at least have partial compensation loss to get unemployment.
4. For this specific job they need a truck driver licence which is renewable each year $80.00 which they have to pay themselves but is is for the benefit of the company.-- ANSWER-- This is not an illegal practice. Neither Maryland nor federal law mandates an employer reimburse job expenses. They could possibly claim the expenses against their income on their tax returns.
5. When they get laid off they get given only a few days warning which is also not right.-- ANSWER- Only employers that have in excess of 100 employees and that are laying off in excess of 50 employees must give at least 30 days notice of the layoff. Otherwise no law covers how much time an employer must give in advance of layoff.
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Expert:  John replied 2 years ago.
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