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FLResearcher01

When am I on the Clock

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My wife drives a van for a medical transportation company. She drives her vehicle to work, gets in the van, then drives to a patient's home ( somtimes up to 30 min. away), picks the patient up and proceeds to their destiation. She was advised by her employer, that she is not on the clock until the patient is on board and enroute to their destination. I don't see how this is legal. If she had an accident on the way to the patient's home, would it be covered under his insurance. If so, she would have to be on the clock from the time she got behind the wheel.

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If she's a bona fide employee vs. a contractor/her own business person (and presumably she's the former), her employer is wrong; if the latter, then your wife's "client" isn't the only person who can dictate terms of a contract. Since I'm fairly certain she's an employee, wife can file a wage claim with the state labor dept. If the employer retaliates against her for doing so, that's unlawful (may be cold comfort if she's unprepared to be out of a job and the employer is stupid, but she and/or the state could go after him for it).

"If she had an accident on the way to the patient's home, would it be covered under his insurance."

If he has insurance, yes.

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