Can my employer dock my pay for using the company van?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can my employer dock my pay for using the company van?

My previous employer would dock my pay for using their company van. The first hour after leaving my house in the morning I was not paid and the hour before I got home I wouldn’t be paid. I worked out of town a lot so those weeks weren’t a big deal but on the week’s I worked local I would have to work 50

hours to get a 40 hour pay check, is that legal? Worked there 3 years until recently.

Asked on June 20, 2017 under Employment Labor Law, Tennessee

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, you cannot have your pay docked in this way if you are hourly: if an hourly employee is working, he or she must be paid for all work time--that is the law (e.g. the Fair Labor Standards Act or FLSA). If you are not being paid for all time that you are working (but note: you do *not* have to be paid for your commute to or from work--that is not considered work time), you could file a wage and hour complaint with the department of labor for the unpaid wages.
There are things your employer *can* do if you are using their van: 1) they can bar you from using the van--they can prohibit this; 2) if you are using the van for *any* non-work time, including getting to/from work, they could charge you a rental fee. There is no inherent right to use a company vehicle.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption