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| *Ostroff, Fair and Company>>>Law & Legal |
Texas Labor Laws: Off the clock deliveries? |
Under Texas Labor Laws is it unlawful for a restaurant employer to force their delivery drivers to clock out while they take deliveries? Has anyone heard of this practice? A friend of mine was told to do this. I told her under no circumstances should she clock out while using her car to make deliveries. They should be paying for gas also am I correct? There was no rule made prior to hiring stating she would have to take deliveries w/out pay. I tried looking for answers to this question on the TLL website but found nothing. I gave her a # posted on the website but I am also checking other places. Any help would be appreciated. Thanks! Pay and time on the clock may be two different things; however, I would kind of doubt it. It is possible to ask an employee to clock out - showing that they are out on a delivery, for instance - while still tracking their time manually in order to ensure she is paid correctly. Have your friend tally her own hours, including delivery time. If that doesn't jive with the hours she sees on her check, there's a problem. Your friend must be paid for all time spent working, including making deliveries. If there's a discrepancy, she should first report this to her management and if that isn't successful, she can visit www.dol.gov to find the address of the nearest labor board office. They will file a complaint on her behalf for free. Good luck. The employee must be paid for making deliveries. It depends on how they pay deliveries vs in-store work. If they pay delivery drivers as contractors and pay by the mile, it would be OK to clock out as long as she is paid for the time. They may also be paid at different rates, and that may be why they asked her to clock out. They can pay her at a different rate for that time, although that would all get very complicated for the restaurants payroll calculations which would make it unlikely. One thing is for sure though. They have to pay her for the time spent delivering, and they have to pay at minimum wage. (Meaning the wage paid plus tips must equal minimum wage or more.) |
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