Legal Question in Employment Law in Florida
I own a landscaping firm. The workers are driven to the job site from the office by the job supervisor. When they are done on the job site, the supervisor drives them back to the office. Can I clock the workers off at the job site and just pay the supervisor the driving time back to the office?
Asked on 7/03/12, 9:02 am
1 Answer from Attorneys
R. Jason de Groot
R. Jason de Groot, P.A.
No. You control when the workers get to work and when they leave. They show up when you say to and that is when the clock starts for them, including travel time. Pinching pennies like this may well beget a federal suit being filed against you. The workers are not and cannot be independed contractors, because you have the final say in everything they do while at work.
Answered on 7/05/12, 7:37 am