Fresno, CA asked in Employment Law for California

Q: As a Non Emergency Medical Transport Driver should I be getting paid for waiting on clients or time between rides?

Hourly Employee

Fresno CA

25-35 hours a week

Only paid for time actually driving.

Not paid for time waiting on site for clients or fueling vehicle

8-12 hour days only paid for 6-9 hours.

What hours should I be getting paid for?

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2 Lawyer Answers
Neil Pedersen
Neil Pedersen
Answered
  • Westminster, CA
  • Licensed in California

A: You should be paid for all time you are required to spend carrying out your job, including waiting time and refueling the vehicle. It sounds like you are losing regular and overtime pay.

You have options about how to proceed.

You can hire an attorney to demand payment and attempt to negotiate a resolution of the issue.

You can file an administrative wage claim with the California Division of Labor Standards Enforcement.

You can file a lawsuit.

Each of these approaches have pros and cons. 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.

1 user found this answer helpful

Maurice Mandel II
Maurice Mandel II
Answered
  • Newport Beach, CA
  • Licensed in California

A: Normally, waiting time is working time. Some of the answer depends on the type of agreement that you have with your employer. For instance, Flight Attendants are covered by a CBA and do not get paid for any time they spend working, preparing reports or dealing with customers, except between the time the aircraft door closes and when it opens on arrival. They only get flight time, just like you. But they are governed by several other laws, including Federal laws and a Union negotiated agreement. Your facts do not say if you work for a government agency, or whether you have a union agreement re: compensation. Without any special circumstances, you should be paid for all hours for which you are "on duty" whether that is actually driving or whether it is waiting for a client.

Justia disclaimers below, incorporated herein.

1 user found this answer helpful

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