Legal Question in Employment Law in New Jersey

I am a service tech in NJ.

I come into the office every morning, get my truck and go out to do my job.

At the end of the day I leave my last job site and head back to the office to turn in my truck and get my car to go home.

If I leave the last job site at 5:00pm and don't get to the office until 6:00pm I feel that I am not on my time yet and should be getting paid for the one hour drive back to the office.

My boss refuses to pay for the drive back to the office.

This brings up 2 questions

1 - Is what he is doing legal or must he pay us for the drive back

2- If it is legal then what happens if there is an accident on the way home? Since we are not on the clock would we still be covered by workmans comp?


Asked on 9/12/14, 5:17 pm

1 Answer from Attorneys
Leon Greenberg Leon Greenberg Professional Corporation

Since you seem to be saying you must drive that company truck, which you get at the office and return at the office, all time you are driving it is work time. So you should be paid for that time, and overtime rate too if over 40 hours a week. And even if you are paid piecerate you should be entitled to overtime. Check out my website overtimelaw.com for more information or send me an email leongreenberg at overtimelaw.com

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Answered on 9/12/14, 5:42 pm


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