EE locks keys in car - compensable time?

[xylene]

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.

I read your posts, you described a contract with a penalty clause. That is not related to an hourly employee working at will.

Second, the original posting deals with a car under use strictly for employer business, during paid time (the time to return the vehicle to the employer is paid).

Your scenario above brings in seperate issues, employer car for personal use... etc.

Is Mr. Goinghome getting taxed on his private mileage on the employers truck as income...?

 

[justalayman]

xylene;1699018]I read your posts, you described a contract with a penalty clause. That is not related to an hourly employee working at will.

Yes, we are at will and hourly employed. It is a CBG, not an employment contract. Regardless, this is what you stated:

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

and my situation does fulfill that statements qualifiers.

Second, the original posting deals with a car under use strictly for employer business, during paid time (the time to return the vehicle to the employer is paid).

Here, I need to back pedal a bit. Janimal (OP) never stated if the worker was going home or back to the shop or office. My stance was based on the improper assumption that the worker was going home. Until janimal defines the situation, I will reserve my answer.

Your scenario above brings in seperate issues, employer car for personal use... etc.

again, my mistake about the scenario.

Is Mr. Goinghome getting taxed on his private mileage on the employers truck as income...?

Nope. Doesn;t mean he shouldn;t be though. I do not know the tax implications of taking a vehicle home with the employer paying for all vehicle expenses.

 

[cbg]

As yet, Xylene, you have provided no proof that the law requires this time to be compensated at all.

 

[pattytx]

And my most recent previous response still applies. OP, call the federal DOL and ask.

 

[moburkes]

And my most recent previous response still applies. OP, call the federal DOL and ask.

I agree. I'm interested in the answer. I am siding with xylene on this one. I understand that it wasn't the fault of the employer. I ASSumed that, since the question is asking about compensation for the employee, that the employee is non-exempt, that he will be returning the vehicle back to work, as opposed to driving it home. I, personally (so that doesn't mean that it doesn't exist), don't know of any non-exempt drivers of company vehicles that don't return the vehicle to work at the end of the day.

So, if the EE had locked the keys in the car during the middle of the day, I'm guessing that the clock wouldn't have stopped, so the same would apply for the end of the day. Now, I do believe that if this was a pattern for the EE, then the employer has the right to discipline the EE all the way to termination, but I don't think it was just negligence. People make mistakes all day long at work, and while they are not "compensated" for those mistakes, they aren't docked for them either.

 

[cbg]

I'll backstep a bit too - I made the same assumption JAL did; that the employee's next stop was home. If correct, then I stand by my answer; the FLSA does NOT require an employee for commuting time, even if they are in a company car. In which case, I cannot see any reason why the employee should be paid for waiting for the locksmith and I do not believe that it would be required. Anyone who disagrees is free to provide the specific section of the FLSA that supports their argument because I'm not going to agree with them for anything less.

IF the employee is required by the employer to return to the office after the last call of the day, then unless that requirement is waived by the employer when informed of the need for a locksmith I would agree that IN THOSE CIRCUMSTANCES ONLY it would be paid time.

 

[moburkes]

I'll backstep a bit too - I made the same assumption JAL did; that the employee's next stop was home. If correct, then I stand by my answer; the FLSA does NOT require an employee for commuting time, even if they are in a company car. In which case, I cannot see any reason why the employee should be paid for waiting for the locksmith and I do not believe that it would be required. Anyone who disagrees is free to provide the specific section of the FLSA that supports their argument because I'm not going to agree with them for anything less.

IF the employee is required by the employer to return to the office after the last call of the day, then unless that requirement is waived by the employer when informed of the need for a locksmith I would agree that IN THOSE CIRCUMSTANCES ONLY it would be paid time.

I agree. 100%. My assumption was that he was going back to work, and there were other assumptions that he wasn't.

 

[seniorjudge]

I agree. 100%. My assumption was that he was going back to work, and there were other assumptions that he wasn't.

Okay, so if a stripper accidentally locks her clothes in the closet, does she get paid for all the time she is nekkid?

 

[moburkes]

Okay, so if a stripper accidentally locks her clothes in the closet, does she get paid for all the time she is nekkid?

Weeeeeeeeeeeeeeeeel, since she's an independent contractor, she'll need to ask her boss. Or, the other person in the room. Or, people.

 

[HomeGuru]

Weeeeeeeeeeeeeeeeel, since she's an independent contractor, she'll need to ask her boss. Or, the other person in the room. Or, people.

**A: and let's hope none of those people ask to go to her place for more independent contracting stuff.

 

[seniorjudge]

**A: and let's hope none of those people ask to go to her place for more independent contracting stuff.

Right. That would be sexual herassment.

 

[HomeGuru]

Right. That would be sexual herassment.

**A: good one and coming up from behind.

 

[seniorjudge]

**A: good one and coming up from behind.

I like to back up these things.

 

[justalayman]

I, personally (so that doesn't mean that it doesn't exist), don't know of any non-exempt drivers of company vehicles that don't return the vehicle to work at the end of the day.

.

I know at least one... me.

Actually I can give you several hundred guys, in my area alone, that do this on a daily basis. Electricians, plumbers, carpenters, tin knockers, basically all the building trades often have guys that take their work vans home. Some companies do this, some don't. I gots a big red van sitting in my driveway right now and a boss supplied credit card for gas in my pocket.

Since I do service work as well as construction, if I had to go to the shop first for a night time service call(about 25 miles from home) it would take a lot longer to get to the trouble and get fixin'. Since I get paid from the minute my feet hit the floor until they get back in bed, it saves a lot of money to take the truck home. As well, it is actually a cost saving to the employer. If I have to stop work in time to get back to the shop before 3:30 pm (that's when OT starts for me) or start at the shop in the morning rather than simply reporting to my first job, it actually is cheaper to have me take the beast home.

 

[cbg]

There's a Comcast truck parked in my neighbor's driveway every night. Service in the area isn't THAT bad, so I assume the driver lives there.