Legal Question in Employment Law in Connecticut

Here is additional information about my question, which I'll quote first:

"I work as a field service engineer for a nationwide company. I work from home, where I operate a company vehicle to go on calls to customers offices.

The company I work for wants to start a policy where we have to begin 30 minutes before our salaried shift begins for no pay, the rationale being if we worked for a "regular" company we would have to commute to the office on our time. We get overtime pay after 8 work hours in a normal day, so is this legal for them to do? I believe that if I am in a company vehicle that I'm responsible for, I'm working for that company."

More info: the way it was explained to me, the company expects us field engineers to start driving to our first call 1/2 hour before we are "on the clock" and being paid. This job requires no "work at home" because it's strictly field repairs that we're tasked with doing. So they want to track us (via car GPS locators) on the road 30 minutes before our shift begins.

Additionally, we are paid 8 hrs. a day regardless of any field work, but if we go over 8 hrs., we are paid a hourly rate of time-and-a-half for that day. Every day we are expected to work overtime because we're currently very busy.

Thank you for your replies, and if this policy is enacted (which may occur as early as next week) I will absolutely consult with one of the attorneys who responded to this.


Asked on 7/26/12, 1:14 pm

1 Answer from Attorneys
William Lasko Law Offices Of Wm Lasko

The problem with your companies logic is that people in the process of comminuting to work to start work once they are on location are not working in transit. Once you start driving to a location, technically you would be working. More than likely, if you got into an auto accident on the way to a work specified location, more than likely workman's comp would cover accident injuries.

If they are giving you a company vehicle and are ordering you on the road 30 minutes before the shift starts in that vehicle, especially if your tools are in the vehicle which may be necessary for you to perform your job, a strong argument exists that you are on the clock the moment you get in the vehicle and proceed to the destination. Is there a union involved?

William J. Lasko

Attorney at Law

203 329-6602

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Answered on 7/26/12, 3:27 pm


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