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My job, I transport visually-impaired colleagues to clients who are also visually-impaired (blind).
My employer issues me a vehicle with which I transport. It's a take-home company vehicle. At times I pick up a colleague who lives 90 minutes from where I live, transport said colleague from client to client all day, then bring colleague back to his home. And then I go home.
As stated, my car is one I take home - all drivers get take-home cars. Here's what's not right: My boss called me in regarding my work time - I leave at 7 am, pick up colleague, do the running as mentioned, then return him home roughly 5 pm; then I get home maybe 6 or 6:30. Boss says that I "am paid from the time I get 15 minutes from the colleague's home" to "15 minutes AFTER I drop him off (in the afternoon).
My argument is that as I'm driving a company car (and not my personal car), I should be considered "on company time" from the minute I get into the car - and as it's a company vehicle, what if, God forbid, I or another driver gets in an accident while on the way to picking up the colleague? Or even after dropping them off?
In such a job, if you went out from home, shouldn't you be paid from the time you left your house - as you're in your employer's vehicle? And I'm traveling at the height of the morning rush hour to pick him up, then AFTER dropping him off, traveling home in afternoon rush hour traffic. Again, if, God forbid, I get into an accident - and there are a LOT of crazy drivers out there - are my bosses gonna say, "Well, too bad, you were off the payroll at the time of the accident!"?
Location: East of Seattle since 1992, 615' Elevation, Zone 8b - originally from SF Bay Area
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I can see his logic if in fact you were going back to the office every day, despite having the company car you would then be commuting, like anyone that works in the office. If you are dropping off the last colleague/client farther from your home than the workplace, then you should still be on the clock. Same for the morning, if your first pickup is farther than the company office, you should start your time earlier. Mind you, make a fuss and they may take away the car, and make you start the day by picking it up at the office, and returning it at night.
This is an interesting situation considering the company car.
If you were driving your own car, in general the rule in my work jurisdiction is that you do NOT get paid to drive to your first "report to" location nor for your drive back home after your last "report to" location.
The company car and associated liability issues throw a wrench in that. I wonder if a simple conversation with HR about the liability issue specifically would clarify that aspect of it and put your mind (if not wallet) somewhat at ease.
Sounds like the car IS your workplace, like a chauffeur. Shouldn't you get paid for the full hours you work, from the time you get into the car until you get out?
I've dealt with this in the past -- if the car is given to you for your convenience (so you don't have to get to a dispatch point to swap cars), then your day starts from the time of your first ”job” until your last drop-off. If the car is given to you for the employer's convenience (they do not maintain a place to park it overnight, for example), then your day begins when you get into the car.
But if the employer does have the standard operating model available (the SOP is: employee drives own car to an office/ employer location; starts a time clock; pick up keys to employer vehicle, etc.), as long as that is a possibility, then no, you keeping their car overnight is for your convenience.
The insurance of the car is a different question than the billability of the time. They will cover the costs of insurance of their vehicle while you drive it, including liability presumably.
Sounds like the car IS your workplace, like a chauffeur. Shouldn't you get paid for the full hours you work, from the time you get into the car until you get out?
In a sense, the car IS my workplace, as I'm hired as a driver. Someone upthread stated about the pickup location being farther than the office - in fact, it is farther.
They can try to take away the car, and make me come to the office for it. But they'd be cutting off their nose, in spite of their face, because we (drivers) get called to "pick up so-and-so from home, and take them to (wherever they need to go)". If I'm called on the weekend to pick up someone early Monday morning, and I don't have car, that person can't get picked up.
Your company policy is reasonable. You are being paid 15 minutes prior to and after dropping your colleague off. Think of it this way: In any other job, would you be paid to drive to and from work? It doesn’t matter whether you are driving a company or personal car. That is their policy.
As far as liability, your company insures the car. Regardless of when you drive it, any liability issues should be covered.
Question: Are you permitted to use the car when you aren’t on the clock such as weekends and time off?
Part of the answer will depend on the State where this is occurring,
But, along with what westender stated, you need to answer this important question as it's the basis of upon court rulings: Are you mandated to take that vehicle home each day as a condition of employment? In other words, can you decide to leave it at work, commute to work and pick up the vehicle to start your day?
Your company policy is reasonable. You are being paid 15 minutes prior to and after dropping your colleague off. Think of it this way: In any other job, would you be paid to drive to and from work? It doesn’t matter whether you are driving a company or personal car. That is their policy.
As far as liability, your company insures the car. Regardless of when you drive it, any liability issues should be covered.
Question: Are you permitted to use the car when you aren’t on the clock such as weekends and time off?
No. Except to go to motor pool (for repairs and/or servicing) the car is not used.
Part of the answer will depend on the State where this is occurring,
But, along with what westender stated, you need to answer this important question as it's the basis of upon court rulings: Are you mandated to take that vehicle home each day as a condition of employment? In other words, can you decide to leave it at work, commute to work and pick up the vehicle to start your day?
Not "mandated" per se, but they (management) feel it reasonable to do so because they don't want drivers to have to travel all the way to the garage, from home, to pick up their work car. That time (they feel) is better used for just going directly to their pick-up location. Rather than fight rush hour traffic to get to the garage (to get the car, then go to the location), just take your assigned car home and go straight to the pick up in the morning.
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