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Time and Materials Based Relationship: Are Travel Time and Lunch Chargeable

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  • 06-21-2012, 01:14 PM
    greendot101
    Time and Materials Based Relationship: Are Travel Time and Lunch Chargeable
    My question involves a consumer law issue in the State of: California

    A painting company worked on our house on a time and materials basis. The "estimate" showed hourly rate and an estimate of the hours needed, but a condition that more or less time would be required. There was no mention of charges for travel time or lunch for the workers. The owner has charged for travel time and lunch time for the workers. Also he is showing hours for each day but not a time started-time stopped; are we entitled to that information?

    Thanks for helping us out. We're meeting with him tomorrow, so any insights would be really appreciated!
  • 06-21-2012, 01:38 PM
    Mr. Knowitall
    Re: Time and Materials Based Relationship: Are Travel Time and Lunch Chargeable
    What the owner can charge is a matter of contract. Read your contract.

    The person obviously has a better argument for travel to and from the job site than for lunch breaks, assuming he actually paid the workers for that time. I'm suspecting, though, that the workers weren't on the clock until they got to your home.
  • 06-21-2012, 02:04 PM
    jk
    Re: Time and Materials Based Relationship: Are Travel Time and Lunch Chargeable
    I agree with Mr. K for the most part but would like to add some explanation.



    If an employee is required to report to a jobsite at the start of his day, that travel is not compensable to him. If the employee reports to the employers shop, his travel time is compensable. If an employee is required to move from jobsite to jobsite during his work day, his travel time is compensable time.


    So, if the workers show up at your house as their first work site, they do not get paid for any travel time in the morning. The same applies for the end of the day as well. If they report to your house after reporting to some other work site (including a requirement to go to "the shop") they get paid to travel to your house. Same thing after work.

    It is not unusual for the customer to pay travel time in the construction/service industry when the employee is paid for the time. It is not required though.

    as to lunches: no way should you be charged for time the workers spend on lunch unless specifically included in the contract.

    breaks; suck it up. Employees get paid breaks and it is typical, common, and generally accepted that cost is passed directly to the customer. That is one reason a lot of people like to stick around and watch the workers. You should not be expected to have to pay for excessive breaks or workers simply screwing off.
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