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Pay Employees For Driving Time?

Discussion in 'Landscape Maintenance' started by Blmtlandscapes, Jan 28, 2010.

  1. Blmtlandscapes

    Blmtlandscapes LawnSite Member
    Posts: 116

    I guess I should have added that Im the one driving and I have to pick up and drop off my employees. I have been paying them for drive time anyway and I will continue to do so. I just wanted to check to see what eveyone else does.
  2. CMerLand

    CMerLand LawnSite Senior Member
    Posts: 393

    I didn't and wouldn't waste the time to look for or read your threads. And seeing that you dont follow the labor laws by not paying your guys for drive time, I'd also question your statements above. I guess it possible you do pay well (Darn now im curious what you consider well paid), just not for all the hours the guys are on the job for you. But hey, I'm sure if you told these guys tommorrow that you were really supposed to pay them for all that travel time over the past four years, they would all say "No thanks boss, we didn't really need that money. It was our pleasure just to drive home with you for free."

    Would love to be there in the room, when your in a state wage and hour audit and hear you explain how you only pay drive time one way.
  3. Jim Bo

    Jim Bo LawnSite Member
    Posts: 34

    To Cmerland: I'm more than happy to break down what my employees make. 2 of them make $12.00 an hour and the other makes $13.00 an hour. None of them have a drivers license so I have to pick them up and return them home. I think there a great crew and will do anything for them and have many times. But at the end of the day that's it, the clock stops.
  4. Mahoney3223

    Mahoney3223 LawnSite Senior Member
    from midwest
    Posts: 995

    if your that worried about paying drive time your probably not charging enough and you are losing your a$$ on that labor part. raise your prices or get tighter routes....no employee is going to sign up for a job with that stipulation. not to mention is illegal. you get one pita employee turn you in, your done for. do it right or don't do it all!!
  5. Think Green

    Think Green LawnSite Silver Member
    Posts: 2,746

    I couldn't help but comment on a thread like this.
    First of all this is your company whether it is a multi crew or single crew operation. Labor rates are Federal and all laws apply!! Your CPA knows all of these laws and if the time sheets, w-2's, and 1099 forms aren't filled out correctly, then you need a new staff member. If a bonus is part of their wage at the end of the year, then some of these little windshield time altercations are fair but time spent in the truck is a legitimate time payable.
    I can remember a similar lawsuit with Wal-Mart. The employees were to enter the store, walk to the back to put on their smock and walk to the front of the store to clock in. They were shorted 10-16 minutes per work day at the time of starting work and clocking out in the evening. Wal-Mart lost-------they had to pay back wages and tax's! Lowe's used to have this rediculous system called--Chinese overtime to all salaried employees. They were based a pay on 45 hours a week and any hour over that rate was paid out at half of that hourly rate. Lowe's was sued and lost..........wages paid and tax's. There has been numerous lawsiuts involving employee fairness acts. If we are in the business of screwing our employees,then we need to go back to solo operations.
    I will be first in saying on this public forum, that these questions are subjected to undercover State Tax Auditors, so watch what you say and do!!!!!
    I like to put myself in the situation of the employee, and if I am not willing to be schmeckled, then are you willing??
  6. Jim Bo

    Jim Bo LawnSite Member
    Posts: 34

    OK, fair enough. nviewlandscaping and myself are in the same situation. Both of us pick are employees up and take them home. I'am a licensed landscaper in Maryland. I will quote my states policy on this " An employee must be paid for all time that the employer requires an employee to be at work, including driving time from the employer's place of business to the work site and back to the place of business". The problem is my employees never come to the shop. I called the state when I was getting licensed and they said since my employees don't report to a shop that there place of work is the job site. I pay them 1 way, I don't charge to pick them up or take them home, I think it is fair to the employees, to me and I think I have adheared to the states laws.
  7. nobagger

    nobagger LawnSite Gold Member
    from Pa
    Posts: 3,065

    Ahhhh yeah. There might be some law against not paying EMPLOYEE'S for the time they are working. Is this a serious question? :confused:
  8. Blmtlandscapes

    Blmtlandscapes LawnSite Member
    Posts: 116

    Again, I do pay my employees for drive time anyway, I know plenty of people that dont. A lot of people in other professions have long commutes to work and dont get paid for it so I dont think its that crazy of a question. Anyway thanks for the responses I think we can call the discussion closed before it turns into an unecessary rant.
  9. echeandia

    echeandia LawnSite Bronze Member
    Posts: 1,131

    I pick up my employee and drop him off at the end of the day. He clocks in when we get to the garage where I store the trailer and clocks out after we drop it off. He gets paid for everything in between.
  10. CMerLand

    CMerLand LawnSite Senior Member
    Posts: 393

    Theres a difference between commuting to work and commuting while at work. If someone has an hour drive to get to you, obviously they are not paid. But once they get in the truck and drive an hour to your job they're on your dime. Glad lawnsite could answer your question, and maybe those who we're shorting their guys will now do the right thing.

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