legality and fairness of bosses guidelines of travel time wages

My Question concerns travel time. My Job requires me to travel long distences from our shop to go to work. my boss doesn't feel he should pay us for our time to make the trip for him. Here is his guidelines for payment of this time
we are entitled to travel time pay if:
A we are told to report to the shop for other employees or materials to be transported to anf from the shop time will be paid as straight time and will not count as overtime
B. we are told to report to the shop to use a CDL vehicle to perform our work that day this time is paid at stright time and/or overtime if applicable. This time will not count towards overtime

We are not entitled to travel time if:
A. we ar told to report directly to the Jobsite to work. If you are an employee with an company vehicle, returning to the shop for fuel is not considered elegible for travel time, but is expected to come under the basic benefit of being furnished with a company vehicle for transportation and is considered as basic care of the unit.
B. we are told to report to the Job site for work and we decide to meet other employees at the shop to ride together if you are being transported in this manner your time still starts and ends at the Job site. Traveling in this manner can be counter productive as the person you may be riding with may have tasks to perform before his departure from the shop with may result in his delay to be at the jobsite at the said start time. the driver may also have tasks to to at the end of the day at which time employees riding with him will have to remain at the site past the set quitting time with out wages being paid. Does this sound fair to you and is this leagal if its not im willing and so will others in my company to pursue this as it has been going on for some time.

1 answer  |  asked Feb 2, 2003 07:50 AM [EST]  |  applies to Pennsylvania

Answers (1)

Christopher Ezold
Need more information

Mr. Smith:

Based on the information in your question, it appears that you may have a claim for unpaid wages and unpaid overtime. However, I would need significantly more information to give you a more thorough analysis.

For instance, I would need to know what type of work you do, how you are paid, whether you have an employment contract and under what circumstances you travel from shop to site. I do believe that paying you for your time but not 'counting' it towards overtime is indefensible. Whether you have a right to that overtime pay would depend on further information.

If you wish to discuss this issue further, please feel free to call me at the below telephone number.

/Christopher E. Ezold/
Nancy O'Mara Ezold, P.C.
401 City Line Avenue,
Suite 904
Bala Cynwyd, PA 19004
(610) 660-5585

posted by Christopher Ezold  |  Feb 3, 2003 1:35 PM [EST]

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