Legal Question in Employment Law in Oklahoma
off the clock
working for a LARGE cable company i drove a company service vehicle home everynight. The company refuses to pay us for time we take to drive to our jobs in the morning or back home from a job at night. this usually adds up from anywhere to 45 minutes to 1 hour of free driving time for the company per day. Jobs must be started at eight in the morning so you have to wake up and drive there on your own time but if you are in an accident while driving in the morning off the clock you are still responsible for the vehicle even though you are not being paid to drive it at that time and would aquire a saftey violation. The same applies for the return trip home.. also you must park the van back at your house after your last job is done.. so you cant take it anywhere like it was your own vehicle.. driving home is not optional after your last job you HAVE to drive the van home.. Is this not forcing us to work off the clock. Any one that takes a service vehicle home signed a contract agreeing to all this but even a contract doesnt make off the clock work legal.. pleas help thanks
2 Answers from Attorneys
Re: off the clock
Typically, time spent driving to your first job of the day, and from your last job of the day, is not compensable time under federal law (the Fair Labor Standards Act). The law could be different in your particular state, so you should check with a lawyer in your area, but unfortunately, most Courts hold under the FLSA that commuting time is not compensable.
Re: off the clock
Generally, what you describe does not sound like off-the-clock work. For more information about how to calculate your hours of work, you can visit my website, www.memphisemploymentlawyer.net and click on the link for Library.
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