Legal Question in Employment Law in Florida
Fl labor laws for fl drivers class b
My employer has requested that all the drivers at my company not punch into work until trucks are ready to roll. At this time i am scheduled to arrive at 830, not leaving the warehouse til around 9 or 930. We are being told not to punch in for that time, we can either wait at the warehouse or we can be placed on a call list to be called one hour prior to the time we should arrive at work. I was hoping you can assist me in finding out if this is something that can be legally done.
2 Answers from Attorneys
Re: Fl labor laws for fl drivers class b
Possibly. There are many other facts that would be needed to make a definite answer. I would advise you to contact an Employment lawyer to discuss the details.
Under Fair Labor Standards Act, a federal law, your employer may be violating the rules in regards to not allowing you to punch in. It would depend on how long you have to show up and required to remain on the premises. Or if placed on the on-call list is the employee's liberties restricted (ie able to leave the county, response time required.
You and your co-workers could have a wage and hour claim for all of the unpaid time and overtime that employer has kept.
If you are interested in speaking more about this, please feel free to contact my office.
Re: Fl labor laws for fl drivers class b
If the employer requires you to be at work at 8:30, even though you may not actually start work until 9:00 or 9:30, you should be paid beginning at 8:30. If the employer calls you each morning and tells you to be at work 9:00 or 9:30, then they should start to pay you at that time (assuming you arrive on time). There are some FLSA exemptions for truck drivers and so I suggest you speak with an attorney for specific advice.
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