EE locks keys in car - compensable time?

[janimal]

In Texas - a service employee completes their last stop of the day. They lock their keys in their company vehicle, and have to wait several hours for assistance.
Is that compensable time?

 

[moburkes]

In Texas - a service employee completes their last stop of the day. They lock their keys in their company vehicle, and have to wait several hours for assistance.
Is that compensable time?

Yep. And, pay the overtime. Then, next week, cut their hours by a few. They won't make the mistake again.

 

[Ozark_Sophist]

Driver: "Oops. I locked my keys in the truck again."

Employer: "Again? Ok, where are you?"

Driver: "Across from Hooter's."

 

[pattytx]

Yep. And, pay the overtime. Then, next week, cut their hours by a few. They won't make the mistake again.

Legally, I have to disagree with moburkes. The time from the last appt of the day to home is not compensable; so having to wait for assistance wouldn't be either.

Now, if the employee was going back to the office following the last call of the day, I would still say only the time that would normally been spent driving would be compensable. It's not the employer's fault the employee locked his keys in his car.

 

[xylene]

It's not the employer's fault the employee...

I find that logic highly dubious.

 

[pattytx]

I find that logic highly dubious.

What's so dubious about it?

 

[xylene]

What's so dubious about it?

Employee made a mistake in locking the keys in the vehicle.

It is not suggested that the employee was not released from his obligation to control the employers vehicle, or that he was operating the vehicle for his own purpose.

The employee should be paid wages for that time. I don't see how the origin of that additional work changes the employers obligation to pay.

If the employer believes this was deliberate malfeasance or somehting he just can't live with, then the correct approach would be to dismiss the employee or otherwise discipline the employee (as moburkes suggests)

 

[cbg]

So, by that logic, any employee who just wants a few extra hours of pay can accidently on purpose lock their keys in the car and the employer will have to pay them for it?

I don't think so.

 

[CraigFL]

Usually most places won't allow OT unless it's preapproved...

 

[xylene]

So, by that logic, any employee who just wants a few extra hours of pay can accidentally on purpose lock their keys in the car and the employer will have to pay them for it?

I don't think so.

"accidentally on purpose" god, I love that phrase.

The reality the employer could do several things to make sure such 'involuntary pay / waste work' situations never play out, here are some top few ideas:

1) The employer could fire the employee on the spot and retrieve the vehicle by whatever method they choose without the employee having any custodial responsibility for the vehicle.

2) The employee could have a CONTRACT that specifically addresses issues of potential deliberate negligence, such as locked in keys.

3 and perhaps ideally done in conconcert with 1&2)

The employer could maintain proper morale and an effective disciplinary environment where such shenanigans would be never even be considered.

 

[tranquility]

So, by that logic, any employee who just wants a few extra hours of pay can accidently on purpose lock their keys in the car and the employer will have to pay them for it?

I don't think so.

Or, the employer can tell the employee to go home. Then the employer can worry about getting the car back to where it needs to be.

 

[seniorjudge]

...
The employee should be paid wages for that time. I don't see how the origin of that additional work changes the employers obligation to pay.
....

I never had a job where I got paid extra for being stupid.

I missed out on something.

Oh, well....

 

[mlane58]

The employer could maintain proper morale and an effective disciplinary environment where such shenanigans would be never even be considered.

Thats a bit of a leap. How do you know the employee in question isn't just an idiot or lazy? Always on your soapbox to find any reason to bash an employer.

 

[cbg]

So the employee is working when he's hanging around waiting for the locksmith? How does that work?

 

[xylene]

How do you know the employee in question isn't just an idiot or lazy?

Are you telling me an employer readily and easy can't identify and dismiss an incompetent or willful employee?

A management or manager who can't recognize those traits in his employees has them as their own.

So the employee is working when he's hanging around waiting for the locksmith? How does that work?

The employee is guarding the vehicle. The cause is irrelevant. If the employer would like to substitute lower cost labor or forgo securing the vehicle, dismiss the employee (for the day or permanently).

I am at a loss to see why you would defend this employer for lacking the forethought to have contract that would address this (and similar) very issues.

I never had a job where I got paid extra for being stupid.

I never had a job where my work was structured to reward stupidity. Too bad for the incompetent company described in this thread.