I work out of state (live in Texas, work in Oklahoma) for 2+ weeks at a time in the oil field. We stay in either company trailers or hotels. At the moment, I drive me as well as the other employees to the job site. It is a 154 mile round trip. Roughly 4 hour round trip. At the moment, we are not getting paid for it. Another situation is sometimes we are required to stop at our yard to bring oil to the job site. We don't get paid for that travel time either. Another problem is we will be required to stay at the hotel and wait to start the next job and we don't get standby pay for that. The last issue is sometimes we clock extra hours because of either someone showing up late or something happens to where we need to work longer and our company will go into our time clock, ADP, and change our hours without us knowing.
- Generally, commute time is paid, unless you are required by the employer to stay in a certain place for their benefit.
- If they are requiring you to make a stop to pick up oil, that likely should be paid.
- Standby time is case-specific, depending on how many restrictions there are on your time.
- They obviously are not allowed to doctor pay records.
I suggest you go together to meet with an employment attorney admitted in that state. You can be witnesses for each other, and the attorney make take all the cases together.
This response is only general information and is not legal advice. It does not form an attorney-client relationship and should not be relied upon to take or refrain from taking any action. You should seek a qualified attorney before taking any action related to your inquiry.
There are three basic issues here: 1) Commuting Time; 2) On Call Time; and 3) Retroactive Changes to Time Cards.
1) Commuting Time: Generally, traveling to and from a workplace or job site, outside normal work hours, is considered commuting, and is not compensable time. See 29 C.F.R. 785.35. However, when an employee travels to/from a job site during normal work hours as part of the employee’s performance of duties (such as traveling from one customer location to another, or picking up supplies at the employer’s facility then driving to a work site), such travel time is generally compensable. See 29 C.F.R. 785.38.
Travel away from home, during normal working hours (particularly when involving an overnight stay), is generally compensable work time. If the employee travels as a passenger outside normal working hours, the time is not compensable. However, an employee who serves as a driver or a pilot for other employees may be eligible for compensation for the entire travel time. For more information on how to determine if travel time is compensable, see http://www.twc.state.tx.us/news/efte/wh_part785.html#785_41.http://www.twc.state.tx.us/news/efte/h_travel_time.html and https://www.dol.gov/whd/regs/compliance/whdfs22.pdf.
2) Employers are only required to pay employees for “on call” time when the “on call” time precludes the employee from being able to reasonably use the time for personal purposes. This standard is strictly interpreted and usually turns on whether the employee is required to remain on the employer’s premises while on call. It is not generally enough that the employee be hampered in making plans. The “on call” time must usually require the employee to do virtually nothing but wait to be called to the employer’s service. Here are links to information on this subject provided by the Texas Workforce Commission and the Department of Labor.
3) Normally, an employer may not retroactively alter an employee’s time card, unless the employer has evidence that the time card contains inaccurate or fraudulent entries. Additionally, when an employer has clearly posted schedules, and a published policy of not allowing employees to work hours in excess of that schedule, the employer may retroactively change an employee’s hours worked to comply with the posted schedule.
Your question has been answered as a courtesy. This is not paid legal advice. Nothing in this communication is intended to create an attorney-client relationship. Unless expressly stated otherwise, nothing contained in this message should be construed as a digital or electronic signature, nor is it intended to reflect an intention to make an agreement by electronic means.
I would speak with a local employment attorney. Some of these are potentially compensable and others may not be.
This answer does not constitute legal advice and you should contact an attorney to confirm or research further any statements made in this answer. Any statements of fact or law I have made in this answer pertain solely to New York State and should not be relied upon in any way in any other jurisdiction.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline