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Old 06-16-2019, 01:50 PM
 
818 posts, read 1,540,041 times
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I'm often required to stay at a hotel during the work week as the project I'm working on is far from home. Sometimes if the project is not completed by the weekend it's expected the employee stay at the hotel and start again on Monday.

Being on call is part of the job but in the past I've been told I could not claim time on the weekend at the hotel because I'm not actually working. Others have gotten away with claiming 8 hours each day because they argued it would take that long to drive home and back from the hotel.

Now the company is stating we are allowed 4 hours for Saturday and Sunday. Why shouldn't it be 8 hours? Does anyone know the labor laws? I'm in California if that helps.
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Old 06-16-2019, 05:22 PM
 
11 posts, read 2,246 times
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If you aren't working, you shouldn't get paid. But this also means that you can choose where you want to be on the weekend (in your case). So don't stay in the hotel if you don't want to be there.


If you are non-exempt, you can get paid for travel time. So rather than staying in a hotel, in your case, maybe just drive home for the weekend... and you'll get paid for your driving time.

Last edited by GOProfessor; 06-16-2019 at 05:39 PM..
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Old 06-16-2019, 05:32 PM
 
Location: Chandler, AZ
2,277 posts, read 1,154,679 times
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Quote:
Originally Posted by Hwy phantom View Post
Being on call is part of the job but in the past I've been told I could not claim time on the weekend at the hotel because I'm not actually working.
"Then I'm not staying at the hotel"

If they tell you where to be, they need to be paying you. If they aren't paying, you aren't on their time.
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Old 06-16-2019, 06:17 PM
 
11,933 posts, read 21,518,965 times
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Personally I think you are getting screwed. As an example I got stuck tonight somewhere and won't get back home until tomorrow at 9:30AM (my day off) instead of tonight around 9:00PM. I will receive additional pay of about $1,000 total comp.

Being forced to live 24/7 on the road is a very different job than working 8-5 M-F. The vast vast vast majority of people who work regular office jobs have no idea the toll it takes on one's sanity and family, and switching to that job/lifestyle from a "normal" office job should come with much higher compensation.
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Old 06-16-2019, 06:28 PM
 
818 posts, read 1,540,041 times
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Quote:
Originally Posted by GOProfessor View Post
If you aren't working, you shouldn't get paid. But this also means that you can choose where you want to be on the weekend (in your case). So don't stay in the hotel if you don't want to be there.


If you are non-exempt, you can get paid for travel time. So rather than staying in a hotel, in your case, maybe just drive home for the weekend... and you'll get paid for your driving time.
We could drive home but it would be silly to do so because it would mean getting home at around midnight on a Friday and leaving again Sunday morning. I think they are assuming that since most don't want to do that they had leverage in the negotiations.

I'm really curious as to what the actual law is though.
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Old 06-16-2019, 06:31 PM
 
818 posts, read 1,540,041 times
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Quote:
Originally Posted by jnojr View Post
"Then I'm not staying at the hotel"

If they tell you where to be, they need to be paying you. If they aren't paying, you aren't on their time.
Just to clarify, I don't exactly have to stay at the hotel all day. I'm free to go out and about. They just didn't want me driving home and back 6 hours each way.

I think if they want me to stay it should be 8 hours each day.
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Old 06-16-2019, 06:33 PM
 
Location: Seattle
1,757 posts, read 1,014,807 times
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As noted as long as your free to come and go from the hotel your employer does not legally owe you for that time.



As for travel time, the federal law only requires being paid travel time for time you'd be scheduled to work. Travel outside of your schedule work day employer is not required to pay. California does have additional employment laws that may address this.
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Old 06-16-2019, 06:34 PM
 
Location: Denver CO
21,164 posts, read 11,768,218 times
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So drive home then. I don't see how "they just didn't want you driving home and back 6 hours" means you are being held against your will and can't leave. I wouldn't want to drive that much myself, but you are free to leave.
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Old 06-16-2019, 06:37 PM
 
1,678 posts, read 550,083 times
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Quote:
Originally Posted by Hwy phantom View Post
Just to clarify, I don't exactly have to stay at the hotel all day. I'm free to go out and about. They just didn't want me driving home and back 6 hours each way.

I think if they want me to stay it should be 8 hours each day.
Why should you get paid 8 hours/day to hang out in a different city?

They should pay for the hotel room, travel and food, that's about it.
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Old 06-16-2019, 06:37 PM
 
818 posts, read 1,540,041 times
Reputation: 630
Quote:
Originally Posted by wheelsup View Post
Personally I think you are getting screwed. As an example I got stuck tonight somewhere and won't get back home until tomorrow at 9:30AM (my day off) instead of tonight around 9:00PM. I will receive additional pay of about $1,000 total comp.

Being forced to live 24/7 on the road is a very different job than working 8-5 M-F. The vast vast vast majority of people who work regular office jobs have no idea the toll it takes on one's sanity and family, and switching to that job/lifestyle from a "normal" office job should come with much higher compensation.

I agree. When factoring pay they apparently use some third party metric system that gauges pay of other field service type jobs but I think that's ridiculous because those jobs don't require people to be on call 24/7.

It's an apples and oranges comparison and it's very inconvenient to be on the road especially at a moments notice.
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