Pay hours dispute for my new contract - is it fair/legal to make me run errands for free?

In My Humble Opinion
1

I work as an on-site computer service technician for an IT provider, usually on an hourly, contract basis. Last week I did a couple new jobs for a new client, which had an odd policy of shipping the parts kits (aka a duplicate desktop computer which I can pull parts from) to a Fedex Office rather than the actual site, so the job requires that I go to the Fedex first in order to pick up the package, and then return to the Fedex in order to mail it back to their warehouse. However, it turned out that this client is only willing to pay me for the actual time ON SITE (i.e. the clock starts when I check in at the lobby of the site, and stops when I walk out of the building), and is refusing to pay me for the extra hour or so roundtrip to do the package pickup/dropoff. I’m currently disputing this with my company, since it seems completely unfair and unethical that they would require me to basically run errands for them, and not pay me for the time doing it - and this is completely different for not being paid for the travel time to/from work, since I would consider picking up the package and then bringing it to the site COMPANY TIME, not personal time.

My company itself doesn’t seem to want to back me up, even though they agree with me, because they want to keep this client and don’t want me stirring the pot. They’re also saying that getting paid $85 an hour, when most of these types of jobs pay $20-40/hr, should be enough to keep me happy.

What do you think?

2

What does your contract say?

It should be explicit for the time that your are paid. If the contract says that you are only paid for being onsite, then you are SOL. You could then say that you will not be picking up or dropping off packages at FedEx as that is outside of your contract and you don’t get paid for that.

3

Can’t someone from the company pick up the package?

4

I don’t have a written contract for this client. I’m sure my company does. I just have an email with the job instructions which states “Also you will need to pick up the products at the fedex locations below.” I’ve already discussed this with my company (aka the ones who give me the actual paychecks), and they stated that I only get paid for the time spent on the site, not for picking up/dropping off the package.

If I do any future jobs for this client, would making a point that if they aren’t going to pay me to go to another site (the fedex pickup first), I won’t be going there going to help my case, or just encourage them to use someone else with less of a spine?

In EVERY other service call job I do which requires the replacement of parts, the parts kit always gets sent directly to the same site I am going to. Even my employers are confused as to why this one is having us pick up the packages at a Fedex location instead.

5

When you are being paid 200 to 400 percent more than market the rational thing to do would be to look on it as part of (your) cost of doing business for this particular job. You seem to have decided this is the hill you want to die on.

IMO, assuming you are getting this $ 85.00 per hour and are not splitting with the company you need to adopt a broad view as to your overall pay package and eat the travel.

Seriously, you’re an onsite computer install tech pocketing $ 85 and hour and you’re bellyaching about this, especially in this economy? Unless you are the absolute, irreplaceable God King at whatever you do if I were your employer I’d be tempted to fire someone making a fuss about this.

6

In my experience and opinion, needing to leave the site and go somewhere else on the client’s behalf should be paid - you’re not running out to the Fedex depot because you felt like taking a drive for an hour. Can you send a courier to and from Fedex and bill the company? Maybe then they’d understand why not paying you for courier service isn’t acceptable.

7

And attitudes like this is why the US American worker is in for a longterm hosing.

8

And attitudes like the above are how companies go broke and industries die.

He’s not doing typical 9 to 5 work. He’s being paid a HUGE premium to work onsite. The work is spec’d under a contract. When you are in these scenarios and being paid big dollars it’s important to take a flexible view as to the scope of work relative to your compensation. If you insist on being inflexible and taking everything personally re your billed time you may win the battle but you will lose the war.

9

At $85 an hour, the American worker better bring flowers and make breakfast the next morning.

Maybe you can keep your contract and still make a stink about driving to the FedEx office. Personally, I wouldn’t bet on it, but that’s just me.

YMMV and all that.

Regards,
Shodan

10

What does your contract with your employer say? And are YOU getting $85 an hour or is your employer.

If your contract with your employer says you are paid hourly, you are paid hourly.

If your employer is pocketing $85 an hour and paying you $20 an hour, they should be willing to eat the hour of errand running.

If you are making $85, I agree with astro…you are getting a premium rate and should expect to give premium service - like picking up packages at “no charge” - the charge has been embedded in the rate.

If you can make $85 an hour somewhere else during that time, call a courier service and have them pick up the package for $40. Then show up when its there. You’ll be $40 ahead.

11

Hey, I’m expecting a blow job for $85 an hour…and I don’t even have a penis.

12

That’s a hardware problem.

Regards,
Shodan

13

You might want to check the Dept of Labor website. If you’re being paid by the hour (not salaried), and they’re not paying you for hours worked, you might have a complaint. In my industry, we have to be fastidious about paying people for all time worked for the company, scheduled or not, whether it occurs on the premises or off-premises. If the client doesn’t pay you, your employer may have to.

14

In employment matters involving questions of contract, it is always important to examine who is actually a party to the contract, as well as how many contracts/agreements are at work. If someone who seems to be a party actually isn’t, then what role do they play? Are they a party to a different contract/agreement, and if so, what role do they play in that one?

Unless I’m misunderstanding things here, it seems to me that there are three parties involved in two relationships:

  1. One between you and your employer. You are a party in this relationship.
  2. One between your employer and this client. You are not a party in this relationship.

You had some sort of input to Relationship 1–after all, you’re currently working for your employer. Presumably, you negotiated your working arrangement with them; and if you didn’t get to do much negotiating, you at least made the final decision to work for them or not.

You had no input into Relationship 2, and there is no reason why you should. It was negotiated between Employer and Client, and you are not a party to the contract. Your role–and sorry for being rather blunt about this–is that of a machine that Employer agreed to rent to Client. Employer and Client undoubtedly negotiated terms and conditions for the rental; one being that Client will only pay for onsite work performed by Employer’s machine.

If Client negotiated a “pay only for onsite work” clause in the contract governing Relationship 2, there is little you can do about it because you are not a party to this contract. If the agreement governing Relationship 1 doesn’t include paid errands (and Employer has said it does not), then again, there is little you can do at the present time. In the future, however, in this one relationship that you are a party to, you could always try negotiating a different agreement with your employer, one that includes paid errands.

In your case, and to answer the question posed in your OP header; under the terms and conditions governing your current agreement with your employer (which is the only agreement you are a party to); yes, your employer can make you run errands for free. The client has nothing to do with this, because its behaviour is governed by a separate contract. If you don’t like the current arrangement with your employer (not the client), I’d recommend renegotiating your arrangement with your employer.

15

Can you use a company car? If so, an argument can be made that time inside the company car is “on site”.

16

Spoons is mostly correct – specifically, the distinction between the relationship you have with your employer, and the one you have with the client (namely, you don’t, directly). However, you and the employer are not free to contract for any work situation you might wish. Under the Federal Fair Labor Standards Act, in general, non-exempt workers must be paid for all the time they work. That includes errands necessary to perform the job. Now, the FLSA might apply here, and it might not. The primary issue is whether you’re an exempt employee, and that turns on the type of work you do, the amount of discretion you have, and other factors. I’m not an expert in this area, but this is what you’d need to know.

If you’re serious about this issue, you can contact the Wage & Hour Division of the U.S. Department of Labor, which is the agency that investigates these claims. 1-866-4USWAGE.

astro, the company isn’t paying fusoya a premium because they’re charitable. They’re doing it because they think it’s the most effective way to run their business. I offer no advice on whether he should pursue the matter or take the lumps. But suggesting that there’s something wrong about a U.S. worker effectively demanding all his legal rights instead of just what his employer deigns to provide is damaging. This is why we have laws. It’s absurd to suggest that following these laws would drive any employer out of business – the FLSA has been around for over 60 years, and we seem to have done OK in the interim. Moreover, if every employee actually availed themselves of their rights instead of being willing to sit back and take it when they are illegally deprived of what they are owed, then there wouldn’t be a stigma attached to it.

–Cliffy

17

Keep the contract the way it is. Track your miles. You can then report to the IRS a tax deduction in the amount of $.50 for every mile you drive

http://www.irs.gov/newsroom/article/0,,id=216048,00.html

18

Thanks, Cliffy. I’ll defer to your knowledge of the FLSA (I’m even less of an expert), and urge the OP to find out whether this Act applies in this case.

19

All allowed under the law, true, but it will be little solace when he decides to stand on his rights and his employer decides that that someone else might be a better fit for that position. Jobs play out in the real world, and someone in a tight economy who wants to make a fuss because why are not receiving the precisely correct amount of a relatively high priced wage is asking for the boot. A little flexibility and cooperation goes a long way in being and staying employed.

20

Computer shop owner who deals with subcontractor onsite labor checks in

How would it be handled if you needed to aquire a part from the office of the company or pick one up locally.

In my case, I do not pay subs for unbillable time. What I do is either I provide the parts, or I have the sub pick them up and split the markup on the part after reimbursing him for the actual cost. Part of why you are paid the rate you are is to “deal with the little shit independently without bugging us”

This customer has pulled a “have my cake and eat it soo”, the company you work for agreed to the pickup situation so the customer can salvage free parts and not have to deal with the pickup situation.

My .02 cents worth, at $85/hr, suck it up. My subs get $39.50 and bill out at $79/hr onsite. They are also expected to provide warranty coverage for the work they do. I have had an onsite sub pull $3500 in one month for his share.

You are looking at this like you are an employee, look at it like the company you sub for is the customer and remember that they probably provide you with more work than just this one.

Perfect world, the company you sub for SHOULD request to have the parts shipped to the job site or to the computer service office, why they don’t is a bit baffling to me. They can then say, we understand that this has been done before but starting 30 days from now we ask that parts be shipped to the job site.

Or you make an arrangement with the company that you will do this for this customer indefinitely but that you will not honor such an arrangement for any other customers unless adjustments to the billing is made.

Or go looking for another $85/hr job. :smiley:

To those quibbling about the pay rate he recieves, this is not unusual for advanced onsite types. The downside is, he gets nothing when they dont have any work for him. So by paying $85/hr it allows him to make a basic living wage even when they only have 5 hours of work a week for him. He is not making $85/hr for 40 hours a week.