We believe that my husband is not getting paid properly for all hours worked. He has been working for what used to be a logging operation for about 15 years, however, the current "job" that the boss is doing (on a private ranch, rather than forest service), seems more like independant contracting. He is basically hiring his machines out to the ranch for X dollars per hour per machine. The machines often do logging, but also do other tasks that the ranch may want done, such as building raods, blading roads, and even building brush fencing (with the limbs of the logged trees) to mitigate wildlife access so certain areas. Actual logging, which we believe is covered under agricultural laws, involves hiring to do a logging job, in which your pay is based on how many loads you can produce. I mention this only because I am not sure if this makes the wage issues different somehow.
He is required to report to the shop at a certain time, where they may or may not do some things (such as gathering parts or supplies), before heading to the worksite. After work, they head back to the shop, where again they may or may not do stuff before heading home.
We want to know if he should be getting paid from arrival at the shop, and departure from the shop. Currently, they get paid when they get to the machines, until they leave the machines, regardless of anything done at the shop. They have anywhere from 1 hour-2 hours a day that is spent either at the shop or traveling from the shop to the worksite. My understanding of the law is that any time spent at "the control and direction" of thier employer should be paid.
This has been going on for years. There are other issues going on as well, which I will likely explain in another thread, as they concern what is almost certainly EPA/OSHA territory. If I am correct, what steps should be taken, before we consider a lawyer?
He is required to report to the shop at a certain time, where they may or may not do some things (such as gathering parts or supplies), before heading to the worksite. After work, they head back to the shop, where again they may or may not do stuff before heading home.
We want to know if he should be getting paid from arrival at the shop, and departure from the shop. Currently, they get paid when they get to the machines, until they leave the machines, regardless of anything done at the shop. They have anywhere from 1 hour-2 hours a day that is spent either at the shop or traveling from the shop to the worksite. My understanding of the law is that any time spent at "the control and direction" of thier employer should be paid.
This has been going on for years. There are other issues going on as well, which I will likely explain in another thread, as they concern what is almost certainly EPA/OSHA territory. If I am correct, what steps should be taken, before we consider a lawyer?
