EE locks keys in car - compensable time?

[pattytx]

Is it part of the employee's job to "guard the vehicle"? Did the employee call the employer and ask what their expectations were? We're talking legally compensable here. And this is Texas, which is not known for being liberal with its wage and hour laws.

 

[justalayman]

this is definateley without legal support but it is my thoughts (boy, is this going to be short).

First, I have accidently locked my keys in my work van before. It has power locks and although I typically wear my keys on my belt loop, I occasionally take them off for some reason and leave them in my truck. When I get out, I had either unthinking locked the door or accidentally hit the lock as it is my typical action to do so and it is in a very conveniant place.

We do make mistakes.

So, is it compensable time? No. An employer is not liable for that time due to the workers negligence or mistake.

Now if I have a flat tire or the truck dies, then yes, I should be paid for the time since it is my employers responsibility for the truck and since he has allowed me to drive it home, if it does fail during that time, he should be paying for the delay.

Now, just so you know, I have had both types of troubles and have not charged my employer for the time either time.

I did charge him time for the trip to my job in the morning due to a flat tire though. That would have been my working time and I should be getting paid. it was not my fault I could not get there with the vehicle my boss had me use.

Next, my employer actually has us store a key on the vehicle in case we do lock the truck with the keys in it.

I guess I had more thoughts than I thought

 

[xylene]

Is it part of the employee's job to "guard the vehicle"? Did the employee call the employer and ask what their expectations were? We're talking legally compensable here. And this is Texas, which is not known for being liberal with its wage and hour laws.

Well, at least now you are conceding that whether or not the employee get paid for that time has something to do facts and circumstances that are omitted from Janimal's initial post.

My central contention is that the employers non-payment hinges on more than it being his fault with the possibility of it being willfully so.

Basically (given what limited facts are stated) IF the employer expected the employee to wait with the vehicle until the assistance arrived for truck to be returned to the employers premises, the employee gets paid.

The non-liberal Texas laws would have made it easy to fire the suspected malinger... Right

Well why not have the employee wait, save the hassle AND not pay the employee, THEN fire em...

The employer doesn't get to have it both ways. Even in Texas. (Idiot Confederate State.)

 

[xylene]

An employer is not liable for that time due to the workers negligence or mistake.

If that were true it would be an employers dream.

Why not follow that to its logical conclusion.

Your pay is docked, and the expenses your employer incurred from your delay are yours to bear.

Any material you waste... you eat it.

Etc...

 

[justalayman]

=xylene;1697332]If that were true it would be an employers dream.

Why do you think it is not true. In this case, the employee was off the clock. There is no requirement to pay him. The locked door was his own negligence, he must bear the result. The emploer has no duty to even call a locksmith. If the employee wants in the vehicle, it is his responsibility to do whatever it takes to get in the vehicle.

Just for fun, I'll toss this in. In my contract, there is a clause that allows an employer to require an employee that installed work in less than "workmanlike quality" to to repair that work on their own time.

Why not follow that to its logical conclusion.

Your pay is docked, and the expenses your employer incurred from your delay are yours to bear.

Any material you waste... you eat it.

If anything was willful, that is exactly what can happen. If it is negligence, the employer can fight for it and most likely win. If it is simply an inability to do the work, then the employer eats it and if he is smart, it will never happen again, at least with that (former) employee.

xylene: 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.

You see, this is where you are wrong. The employee was off duty so he was released from any work duty and since he wanted to go home, he would be operating the vehicle for his own purposes. It was not additioanl work duty. It is not the employers responsibility to transport the employee to and from work and it most definately is not compensable time (in most cases).

 

[pattytx]

And all of this is getting us nowhere. OP, why don't you just call the federal DOL and ask?

 

[justalayman]

And all of this is getting us nowhere. OP, why don't you just call the federal DOL and ask?

'cuz this is more fun???

 

[pattytx]

'cuz this is more fun???

Well, maybe.

 

[cbg]

To some of us, it's just getting boring.

 

[xylene]

To some of us, it's just getting boring.

Break out the world's smallest violin.

 

[cbg]

Let me ask a question, xylene, and maybe you can cancel the violinist.

A few months ago, I went out to my car after work and my battery was dead. It took three hours for AAA to get there. Are you telling me that I should have been paid for the time waiting?

 

[xylene]

Let me ask a question, xylene, and maybe you can cancel the violinist.

A few months ago, I went out to my car after work and my battery was dead. It took three hours for AAA to get there. Are you telling me that I should have been paid for the time waiting?

I have bolded the difference in ownership between your bad luck and what was described

The underlined text is the different intended destination.

Let me alter that so it is actually parallel to the scenario presented.

A few months ago, I went out to my employers car after my last call to drive the vehicle back to the employers garage and their battery was dead. It took three hours for AAA to get there.

Are you telling me that I shouldn't have been paid for the time waiting?

 

[cbg]

I can see a decided difference between a dead battery and locking the keys in the car. I can even see a decided difference depending on why the battery was dead.

If the battery was dead because it should have been replaced and had no further charge, then yes, I would agree that the employee should be paid.

When the employee carelessly locks the keys in the car, or had he left the lights on so that the battery died, I do not.

 

[xylene]

I can see a decided difference between a dead battery and locking the keys in the car. I can even see a decided difference depending on why the battery was dead.

If the battery was dead because it should have been replaced and had no further charge, then yes, I would agree that the employee should be paid.

When the employee carelessly locks the keys in the car, or had he left the lights on so that the battery died, I do not.

I am not familiar with situations where an employer can dock hourly pay for mistakes.

If an employee carelessly does something that incurs a cost, the employer can dismiss the employee and or eat the costs.

Employees are not obligated to work for free to correct their mistakes.

 

[justalayman]

I am not familiar with situations where an employer can dock hourly pay for mistakes.

If an employee carelessly does something that incurs a cost, the employer can dismiss the employee and or eat the costs.

Employees are not obligated to work for free to correct their mistakes.

aparently you didn't read all of my posts or just don't believe me. Would you like to see proof?

Ok, X, how about this scenario. Mr. Goinghome decided to stop at the grocery store on his way home. It is past his normal time to quit and he is in the process of going home (just like he was when he locked the keys in the truck at the site) and he lockes them in the truck again. Now, does he get paid while he waits for the boss to get him out of this jam?? Remember, it is not his truck but the bosses and it is after work, just like before.