Film-Tech Forum ARCHIVE: Drive Time Included In Your 40hr Week?

This is topic Drive Time Included In Your 40hr Week? in forum Film Handlers' Forum at Film-Tech Forum ARCHIVE.

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Posted by Michael Elam (Member # 788) on 12-05-2004, 06:48 PM:

As a tech, is your drive time included in your 40 hr work week?,
Is it payed drive time? [Confused]

Posted by Aaron Sisemore (Member # 145) on 12-05-2004, 08:20 PM:

Yes, and yes.

-Aaron

Posted by Rick Long (Member # 213) on 12-05-2004, 10:54 PM:

Back in the contract days, not getting from home to the shop, but yes in getting from home to a theatre for the purpose of doing service.

Posted by Randy Stankey (Member # 64) on 12-05-2004, 11:53 PM:

Any time you are doing the company's bidding you are on the clock whether you are at home, at the office or on the road. The exception being a routine commute to/from work. By "routine commute" I mean you are driving the same (or close to the same) route to work that you drive home and you repeat the same route each time you go to work or go home.

A lot of the time we might work at home under an implicit "gentleman's agreement" such that you don't get paid for doing the work at home but the next time you need an extra day off it is granted without question as long as there is no pressing work to be done at the office. This is a bit different than "comp time", whereby "overtime" work is "paid back" with an extra day off. Comp time is more formal.

I say all that because driving in your car from one location to another puts you in a situation somewhere between "Comp Time" and "Work-at-Home Time". Here's how to draw the line: Ask yourself the question, "Could I do whatever I wanted to do right now? Or do I have to do what the boss wants me to do?"

If you wanted to, could you go out [u]right now[/u] and drink a beer? Of course not! You have to drive your car! You can't drink beer! If it wasn't for the fact that you have to drive your car because of some occurrence at work, COULD you go out and drink a beer right now? If the answer to the question is, "No." then, YES, you ARE working for the company and you SHOULD be paid for it, either by getting money, comp time or through some kind of gentleman's agreement that when you need time off it is granted without a lot of hassle.

Posted by Paul Mayer (Member # 355) on 12-06-2004, 01:37 PM:

When I freelanced as a TV production guy (no "40-hour week" to fill up), the rule of thumb was: In town, no charge for drive time; out-of-town, charge for drive time or a travel day.

Posted by Michael Elam (Member # 788) on 12-07-2004, 06:21 PM:

The way I see it from the time you leave your home until you get
back you are on company time, you can't be 'off' and be driving
home at the same time.

Posted by Mark Gulbrandsen (Member # 72) on 12-07-2004, 11:52 PM:

Since I am salaried I guess I can say yes and no since many days I work more then 8 hours. But I do get to drive the van home so that also has a worth to it as it takes a load off of my vehicle. I also am on call so having it at home saves a 22 mile trip just to go get it.

Mark

Posted by Richard Hamilton (Member # 321) on 12-08-2004, 06:36 AM:

One of my previous employers had "different" thoughts about drive time. We got into a pretty heated arguement about it one day. He thought that it should be counted as my personal time, even if the theater was 5 or 6 hours from home. If I had to be at a theater on Monday morning, I should drive on Sunday, spend the night, and show up at 8:00A.M. Mon. I was on salary and in a 2 year period averaged at least 60 hours a week, including drive time. As an arguement one day, I also included my "on call" time which was from 8:00 A.M. until 10:00 P.M. seven days a week!

If you are out of town for a long period of time and can't work one day or weekend, should you still count that as an 8 hour day?

Rick

Posted by Gordon McLeod (Member # 33) on 12-08-2004, 09:08 AM:

Well up here in the north revenue canada takes typically the following view
traveling from home to your place of employment is the employees responsibility and the time and mileage is not tax deductable'
If your employer chooses to pay it then it is a taxable benifit
From the place of employment to a job site is on the clock and its costs are payable and tax deductable

If the employer allows a company vehicle to be used to transport an employee home it is a taxable benifit and the amount of mileage would be added to the employees income tax obligations

that is why many companies always require there workers to leave there shop daily not go directly from home to the job site

Posted by Mark Gulbrandsen (Member # 72) on 12-08-2004, 06:16 PM:

It is pretty much the same way in the States except that are loopholes if you are on 24 hour call which is the same technically as working 24/7. In theory I should pay at least a portion of the to and from home as taxable income but good tax preparers have many ways around thgat which are perfectly legal.

Mark