When are guys done work

Discussion in 'General Industry Discussions' started by ponyboy, Dec 23, 2012.

  1. Marshman

    Marshman LawnSite Member
    Messages: 31

    They are people though. Illegal or not. They deserve to be paid. So pay them for the hour they have to drive on the way to and from the job.. And don't think you are doing them a favor cause your not. Get jobs closer to where your office/shop is. That's gotta be business 101. Merry Christmas
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  2. weeze

    weeze LawnSite Fanatic
    Messages: 12,746

    i guess it's worth it if you are making that much. if you are making that much then you can afford to pay them for the drive time then.
  3. jlcrox2

    jlcrox2 LawnSite Member
    Messages: 67

    Definitely pay. Unless your guys drive separately to a job site and go home from there they are on the clock when in your truck. Proper planning could help to offset costs. Keep things running efficiently. As far as a job being far away, you bid it knowing the drive time. If you bid it too low...that's on you. Look into Microsoft streets and trips. It can be a big help with your route planning.
  4. CL&T

    CL&T LawnSite Senior Member
    Messages: 493

    As has been said, you have to pay them- it's the law and they can turn you in if you don't. Another thing to consider is overtime. If someone has more than 40 hours per week you have to pay them time and a half for those hours over 40. So that job 1 hour away can cost you.
  5. godzilla

    godzilla LawnSite Senior Member
    Messages: 400

    My guys get paid until they are back at the yard. If they are going home in their own cars, that's great... if I have to drive them home, then they either finish at the yard (if we go back there directly) or at the end of the job.
  6. GreenI.A.

    GreenI.A. LawnSite Silver Member
    Messages: 2,131

    the law here is simply if the employee is under your control then he is on the clock. Can they stop at any store they want to after that last stop on the way back to the shop? Can they go to the bar after the last stop on their way back to shop? Can they go to the strip club on after that last stop on the way back to the shop? Probably not, because they are in your truck loaded with equipment that you want back to the shop, thus they are still under your control. Basically you are telling them they should be back to the shop on xx minutes and are not free to stop where they want on the way back.

    Where this can become confusing is in the example godzilla just posted, inwhich you give your guy a ride home. In the event that the employee is dropped off immediately after a job site then he is clocked out after that job is done. If you drop him off after dumping debris, then he is clocked out after that is done. If you go back to the shop to unload or load up for tomorrow, then he is paid up until that time. If you have to make other stops on the way to his house where he does not need to perform any duties, for example stop at a parts store, then he is paid for the extended time. For example he is usually dropped off 25 minutes after completeling work, but today you stoped at valvaline for an oil change and he got dropped off 45 minutes late. Then he is pd for those 45 minutes.

    Even having a guy drive his own vehicle from site to site, legally, more than likely he should be on the clock. When he leaves site A, do you expect him to meet you right at site B, or do you allow him to take his sweet? Then he is on the clock. Do you have your guys ever fallow you in their own vehicle? then not only are they on the clock but if they get into an accident, your insurance is responsible for repairing their vehicle and injuries.

    This is MA law, obviously every state is going to differ. Being that the OP is in NY, I know many of your employment laws are very similar, many are stricter their as well.
  7. yardguy28

    yardguy28 LawnSite Platinum Member
    Messages: 4,463

    I agree and I'm surprised he can get the employees to drive the truck and equipment back to the shop.

    as far as I'm concerned if I were working for someone my work ends for the day when I stop getting paid for the day. I'd be arranging for someone to pick me up from my last stop of the day if that were the case. leave the truck right in front of the property I last finished.

    it's not just silly I would think its illegal.
  8. Toro 455

    Toro 455 LawnSite Member
    Messages: 238

    A lot of these workers rights went out with the unions. They were the ones that got them passed and seen they were enforced.
    Are MA & NY right-to-work (for nothing) states?
  9. yardguy28

    yardguy28 LawnSite Platinum Member
    Messages: 4,463

    well I missed the part about about them being illegal immigrants.

    I wouldn't hire illegal immigrants in the first place.
  10. whiffyspark

    whiffyspark LawnSite Fanatic
    Messages: 6,568

    I work for a large company and they prefer not to pay the drive back if we're sitting in traffic.

    As far as working an hour away, we have several properties an hour away. We have a few that take all day. And a few that require 8 people all day

    We just got a contract an hour away 5 days a week four people cutting grass.
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