Not paid to pick up and drive a company vehicle and foreman to job site

[btierney53]

What is the name of your state (only U.S. law)? Massachusetts

I was just wondering if I were to bring this to court if it would stand up, here is my story.

For the past 5 years I have driven to my Job Foreman's house (who doesn't have a license) to pick him up, as well as the company van, and drive them both to wherever the job site may be. Usually our drive is anywhere from 15-50 minutes each way, and I spend all that time unpaid. My thought is that if I am forced to go there, and drive a vehicle/employee that I should be paid for it. I would really like to take this issue to court for back pay, or at least not have to do it anymore, do you think that it would hold water, or should I start looking for another job?

[ecmst12]

I think from the time you pick up the foreman should be considered work time. Contact your state DOL.

[CraigFL]

Is this out of your way to do this? Did they ask you to do this and you agreed?

I think you need to be prepared to lose your job if you challenge this....

[j991]

You need to tell your supervisors that if you are required to be a taxi service for the foreman, they are required to pay you for it. If they fire you over it, then take it to the DOL board and a local attorney.

[btierney53]

Thank you all so much for your responses. I used to get paid to drive, but then my boss decided it was a "benefit" because I didn't have to burn up my own gas, so no, I never agreed to it. It is out of my way 90% of the time, I work for a painting contractor so the job site always changes. In terms of loosing my job, I am already planning on leaving this spring for lots of reasons similar to this. Basically what it comes down to is I am wondering if I were to take it to court for back pay if it would stand up, or if I should not even bother wasting my time.

[justalayman]

you are to be paid from your first job assignment of the day. In your case, that appears to be picking up the foreman and the work van. It would be the same as if the van were parked at the office and you picked it up there. It is supposed to be paid time from that point to the jobsite.

[ecmst12]

You need to contact your state department of labor.

[eerelations]

While the company is legally obliged to pay you for your time spent driving the foreman from his house to the worksite, the company is not legally required to pay for the gas for your vehicle during that trip. So expect a trade-off - if your company is ordered to pay for
your time during this trip, it may well decide to have you pay for the gas expenses incurred by your vehicle during this trip. And this would be legal.

[NotClueless]

My take on how it was written was that the OP drives his vehicle to the foreman's house. From there, he picks up the foreman and the complany vehicle to go to the job site. Once he picks up the company vehicle, he's "on the clock".

what he has to weigh out is whether the gas savings (going only to the foreman's house) is outweighed by the amount he should have received, against driving his own vehicle directly to the job sites. If his time was worth more, then he should go to the DOL. Also, he should expect to lose his job. In this day and age, that job may be more valuable than squabbling about a few dollars.

For instance: time to foreman's house (guess) 15 minutes
time to go to first job site in company vehicle ( 15 minutes)

versus: driving the full way to and from job site (30 minutes) - considered commute
and paying gas & wear and tear on the vehicle.

[sambo584]

sometimes its hard to see the forest through the trees....

it seems like a win win for both parties here...instead of using your gas and vehicle to get to the first job site you got to use the company gas and vehicle(less miles on your car), sure they would technically owe you from the time you pick up the vehicle however fighting this will most likely get you fired and right before xmass this doesnt sound like a good idea.....the other thing to consider is that a claim like this would take some tome for the DOL to investigate and you also have the chance that lies might be told and in the end you could be without a job and money for quite some time over this!!

the big question here to be blunt and to the point is......will fighting this be worth it in the end!!!

[btierney53]

Again, I thank all of you for your feedback. It seems to me that in the end it really would not be worth the time and effort to take it to court. The loosing my job over it part is not a factor, I was planning on leaving anyways, it is more about finally sticking it to a boss that has jerked me around in many illegal ways for 5 years. You know, set him straight for all the others down the road that will have to deal with his ways. I guess what it comes down to in the end is the fact that I am continually dumbfounded with how people like this can be successful in business. My rant is done, and I appreciate you taking the time to read/reply to my dilemma.