When does starting time begin in the construction field?

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When does starting time begin in the construction field?

Is it once you arrive at work, leave in company vehicle or arrive at jobsite? Or is this up to the discretion of the employer?

Asked on September 30, 2011 under Employment Labor Law, Kentucky

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

There is no single right answer: it depends on the circumstances.

Generally, if you went directly to the site then directly home (like going to the office, except your office is the site), then you start when you get there, end when you leave.

If you go first to some other location, either the company office or a place to meet coworkers and/or get tools, then go to the site, the day starts when you get to the first location.

If after construction, instead of going home, to go somewhere for your job--e.g. to drop off vehicles or tools--then the day ends after you finish doing that.

Basically, when doing something for the job, no matter where, you are working; when "commuting" to or from work, no matter where the first or last workplace of the day is, you are not working.

The above is an oversimplication; you may need to discuss your specific circumstances with an employment attorney.


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