should u get paid for being a passanger

jodystreeserv3

jodystreeserv3

Location
central texas
How much do u pay a worker for driving his own vehicle? Also, if I pick up and drop someone off everyday when should there time start and stop? An hour drive, plus an hour back x $20=$40 just for being a passenger.
 
I always laugh at stuff like this.

How's this for a plan. Pay the guy per day and that's it. If they need a ride, tell them to find one. If they aren't responsible enough to get themselves into work then they won't work out as an employee, at least not as a long term one.
 
If you have to pick them up and drop them off, I don't think that you should have to pay them beyond the jobsite. Legally, this may be a different story that you will likely only find out by paying a lawyer.

Are you having them drive from the shop to jobs to the shop? Between jobs? Or just to get to work?

I think that this is something that you will should explain at the beginning of their employment.




I usually have my employee meet me at the shop and pay him from shop arrival to shop departure.

Sometimes, due to needing to do other things before or after a job, such as bidding, I will have him/ them meet me at the jobsite. I consider it commuting. They are not doing anything work for me.

If it is an unusually far away job, I have them meet me at the shop. I don't expect them to drive their own vehicle 40 miles one-way, as when they are hired, they are told that they need to have their own reliable transportation to jobs, if we are not meeting at the shop.

When an employee is meeting me at the shop (at my house) I use them to help me around there. If I am not having them help me to do any work, and it is just "carpooling" to save them the expense of driving, we start and end the workday at the job (my current and previous employee live 5 minutes bike ride from my house). I make sure not to ask things of them, if this is the case. They are free to talk on the phone, text, headphones, or chitchat.

If I'm expecting them to help navigate, watch traffic, make work phone calls, etc, its on the clock.

This is my take, but, again, legally speaking, and in the event of an injury accident in regards to WC, it will be a matter for lawyers.



The carpooling thing works out when I know that I'm not going to do any bids/ errands before/ after work, such as on a long day when I'm driving the chip truck/ chipper. I let them know that I might have to go talk to a neighbor after a job is done, and they might have a little bit of downtime if they are carpooling to save themselves the expense. This being said, I try to work in the neighbor while finishing clean-up.
 
The only way I've done it with 3 employers is: clock starts at the shop, and ends at the shop.

If there is need for the boss to run out, he brings a separate vehicle and we take his truck back to the shop and unload, clock out and go home. With employee's driving to the job site, it becomes a cluster f with all the extra vehicles on the clients property. There have been very few times over the years where I would take my truck to the bosses job site. Like where I have to show up late or leave early. Then the clock starts at the barn where I help load gear, and the clock stops when I leave the job site. So I guess it's paid one way travel to the job.

As far as picking up employees and dropping them off? Well I'd have them all meet at one spot ie gas station at the corner of blah blah. They would be responsible to get themselves to the same spot every day by the pick up time. It would be in a neutral location were I wouldn't have to drive very far from the barn to the pick up and then to the job site.

So if your having to pick up your employee 40 miles away, try having them meet you at a gas station (or what ever) 5 miles away from you. Clock would start at pick up, and end when job is done. 40 miles though, man are you hiring? sounds plush.
 
oops I blended your post and Sean's 40 miles together... If they are on your clock, you pay them. Say your traveling and the chip truck gets a flat, should they help you fix it? You bet but only if they are on the clock. I know employee's are one of the largest single expenses but come on, just bid accordingly. If they are in your truck, and your stopping at the fast food joint, stopping for gas, and pulling over to answer your phone. The employee is subject to your decisions and not their own so there fore they should be on the clock.
 
My meaning of 40 miles drive would be I instead of working in Olympia area, we have to go to Oakville or Hood Canal for the very odd job, like a customer with a vacation house, or family member of a customer. I do some work for the Chehalis Tribal Housing Authority (an interesting place to say the least) in Oakville, which is about 40 miles away.


I have only really worked out the pick-up/ drop-off at home for an existing employee who's truck was smashed by someone without insurance, and was without it until he could get it fixed.


I had a monster of a worker that was without a Driver's License because he was behind on Child Support Payments. I worked with him on the transportation situation. He was a hitch-hiking maniac. He didn't wait for anyone to give him a ride, in the event that the friend was unreliable, he felt that he was getting nowhere fast by standing and waiting. At the point where I needed to turn away from the direction where he lived, he hit he ground running (exaggeration, barely). He was making tracks. Unfortunately, the Law decided he should spend time in jail in order to help his daughter get the CS payments.

WA state will take away a license, punishing the "deadbeat dads", oh, and the children of the parent that can't get to work. This guy had so many Driving with a Suspended License tickets from trying to get to work to get paid up and back on top. A bad system. I suspect that it was a law dreamed up by a politician that has a high paying job and enough resources to pay for child support. Politicians should get fired for doing their jobs poorly.
 
Yeah andrew I would pay if he usues his stuff for sure.But they should be paying you for the ride to work.My wifes cousin does groundwork for us and I give him a ride buts its literally on the way.He mmets me next to the highway non of that pulling to the front door junk and waiting for 10 minutes.If hes not waiting im gone,but i usually text him and tell hi im on my way.I dont like giving people rides,because its like a crutch and they never want to get a car then.
 
[ QUOTE ]
What if an employee uses his vehicle to pull equipment. He should get his normal hr. wages + ____ per mile?

[/ QUOTE ]


Absolutely. You need to know if their personal auto insurance will cover an accident. Businesses need Commercial auto. If they are using their vehicle for work, especially if pulling equipment, then they might not be covered.

There is a lot of wear and tear from towing.

I believe that a lot of people doing "sidework" may be uninsured for their vehicles since they are using their vehicles for business activities. Say a person is towing a brush trailer and get in an accident where someone is disabled/ killed. I would bet money that the insurance company is going to look into it pretty thoroughly.
 
Commercial vehicles are insured to third party liability, the game comes in when your employee is injured in your truck in an accident on the way to work.. IF he's begin paid or not might make the difference if he's covered by workers compensation or your vehicle insurance.

Either way, I believe that there should be a set rule and even a written understanding so everyone is on the same page.

I don't know how someone could be in the truck going to a job to work and not be covered as a paid employee.

Just my thoughts.

Denis Allan
 
Hi Denis, Welcome to the Buzz.

Can you spell out what you mean about third party liability?



I had an employee drive to job 1 for the day, then take lunch and run some personal errands on the way to job 2. He got hit during this break. His insurance never said anything about my Commercial Insurance covering anything. I think that in that case, he was on his own time, as he was doing personal things, and not getting paid. I never figured that I'd be liable for those reasons.

I thought that when people get paid mileage, part of that was to compensate them for having insurance, in addition to cost of the vehicle and wear & tear.
 
Sean, I just brain farted and a screwed up... I've come up against the travel time stuff a few times. Jobs on the main land. Ferry waits, boat time, and then road time. It can make a 5 hour job into a 9 hour day.

As far as your mileage question, I believe even if it's a personal vehicle used for work ie getting paid mileage the employer is responsible. Say I'm working for you, towing your chipper on my truck. The chipper disconnects and causes a 3 car pile up, I'm under the impression if I am on the clock, the employer/employer's ins is responsible. If I'm doing it as a favor off the clock, I eat it.
 
Jesse, that extra 4 hours would suck, and it would only seem fair to get paid for it. I hope you did.





Tom D's advice is spot on. Consult a professional.
 
Yeah I did, and will in the future. I'm very lucky and probably a little spoiled when it comes to working for guys who have had 20-30yrs exp. They have treated me with the respect as they would want to be treated. It's great but trying to get someone who has that kind of exp to work in the rain is another issue. Do this work and slip around enough trees long enough to ask your self why bother when tomorrow may be dry(er).
 
Welcome Denis! And nice avatar photo.

This is sort of a tough one. I don't know how I'd do this one...
thinking.gif
 
NJ State Wage and Hour Laws and Regulations

SUBCHAPTER 5. HOURS WORKED

12:56-5.1 Payment

Employees entitled to the benefits of the act shall be paid for all hours worked.

12:56-5.2 Computation

(a) All the time the employee is required to be at his or her place of work or on duty shall be counted as hours worked.

There is also a subchapter about on-call which uses the terms "engaged to wait" vs. "waiting to be engaged". In the first case the employee is paid for the wait time since they are not reasonably free to do there own thing.

Where I work, we are paid shop to shop with our own transportation to get there. If you are commuting and the employee has reasonable freedom to conduct his own affairs then they should not be on the clock. It's a slippery slope though.

Like Tom said get a legal opinion from a a lawyer who specializes in employment law and regulations. They will know both the pertinent laws and the precedences set in civil court that are also used.
 
Third party liability..

If the worker is driving his own vehicle.. and he has insurance on it.. IF>. a big IF .. there is no fault insurance in your state.. the owner of the truck will be having his insurance take the hit.. BUT.. if the insurance company is looking at long term medical bills and it can be shown that the driver was working and the truck is a commercial motor vehicle.. They will take aim on "WHO CAN PAY MORE"..

The courts in the past have also followed this ruling.. If in this case your worker got into an accident.. his insurance will pay for his truck.. but if there is long term injuries and lots of payout at the end.. they will look at what he was doing and why.. like running to a second job sight might be seen as employment, so the injured party's insurance would also inculde YOU,, your insurance company and the tree company on the list of who's financially responsible..
If he's on lunch and out getting flowers for the bride.. you should be ok.. but if he's deamed working by the courts.. I would say that the company could be on the hook..

Paying for milesage is like renumeration for work ( pay ) in that you are paying for him to drive his truck.. WHY>> because you have him working for you and as such have a Portion of responsibility for him and what he does..

This is where that written policy comes in.. no one ever wants to use it.. or even wants one in place.. but when you need it.. ... Dang.. to late..

Denis Allan
 
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