Q: Should I be paid for driving time?
I work as a Foreman for a small company. They provide work trucks with all the tools and equipment needed and I am allowed to take it home but can’t use it as a personal vehicle. However they do not pay for time spent driving to the first site of the day or home from the last site. Now they want to put GPS in the trucks and we will be tracked when we’re not being paid. Is this legal? Also small side note they also pay overtime over a two week period not one.
A: AT&T IS ACCUSED OF USING GPS TO TRACK WORKERS AND DOCK PAY. A CLASSS ACTION CASE WAS FILED LAST THURSDAY IN A FEDERAL DISTRICT COURT IN CALIFORNIA. I BELIEVE YOU HAVE SEVERAL POTENTIAL CAUSES OF ACTION RELATED TO WAGES. YOU SHOULD CONTACT AN EMPLOYMENT LAW SPECIALIST FOR A CONSULTATION.
A:
Overtime must be calculated by hours worked in a workday and workweek. It is not lawful to average out hours over a two week period of time. That is an unlawful business practice if it reduces the number of hours of overtime you receive.
While an employer does not have to pay for an employee's regular commute to and from the regular place of business, if you are required to travel to and from different locations in a company vehicle other than the regular place of business, the employer must pay for those trips.
There is nothing unlawful about GPS tracking of employees while on the clock, there is a potential claim of invasion of privacy for tracking of employees while off the clock.
It would be wise for you to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.
Most employment attorneys who practice this area of law offer a free or low cost consultation in the beginning and then, if the matter has merit and value, will usually agree to work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.
Good luck to you.
Maurice Mandel II agrees with this answer
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