Off The Clock

I have recently been stiring the pot regarding a program that we have at our bank. Two of our near by branches, one a Drive-Up facility a block away and the other a seperate bank branch approx. 2 miles away, each have a teller make a "night deposit" at our Main bank facility each evening. This depoist contains no money just the teller work completed between 3:00 and closing for each day. Also our Data Processing Center has a System Operator take each days data tapes to our South Bank facility for a night deposit each evening after they shut down. This is for security reasons. We will have a back up of the previous days work off site in case of emergency.
Now... to the point. These employees clocked out, so they are not on the clock, at their facility and they are using their personal vehicles when they make these night drops. Some time ago it was decided to pay these employees a flat rate of $5.00 per drop for their time and use of their vehicle. Since the facilities are so close the $5.00 is considerably more than they would make if they were still on the clock and were turning in milage.
If someone else had posted this, I could shot many holes in it and play many what ifs; I guess I just need to hear it from someone else. I feel I am beating my head against the wall to try and set it up to pay their actual time and milage vs. the $5.00 rate per day. I have been asked to write a mini "contract" type of agreement for these employees to sign regarding this program. I don't see how they can be considered "contract" employees since we tell them what and when to do this one task.
Any ideas or suggestions....?
Thank you,
Dutch2

Comments

  • 5 Comments sorted by Votes Date Added
  • Don't think your contract idea is going to work, but how about adding time to their 'official' time sheet to compensate them? If it takes them 5 minutes, agree to add a quarter hour, and tell them to keep track of any day that it takes more than 15 minutes so you don't run afoul of FLSA.
  • I'm with Hunter. I'd stay away from anything that had "contract" in it because you will end up forming one before you know it!

    Good idea to just add to their time sheet. If you want to pay the $5.00 and you are sure it is over and above what they would normally get, just add it as an addendum to the bottom of their time sheet for "night box delivery" or something to that effect. We do this quite often on individual's time. When we need to get people to go to another office to perform certain clinical procedures, we just offer them what we call "incentive pay", which may be $1.00/hour as this may be a less than desirable assignment. Of course, this is in addition to their regular pay.

    No need to overly complicate your life!
  • I have to agree with those weighing in against the contract idea... you'll lose "at-will" status by doing so, and may have cause to regret it if you have to discipline or terminate any of the affected staffers.

    You could just allow these folks to enter their actual time and mileage on their timesheets on the following day, if you really want to get technical with this.

    But it sounds like your present solution of adding a lump sum is the easiest for all concerned, including for the EEs affected-- provided that the $5 is more than they would earn (at overtime rates, I'm assuming, since this is after their normal work hours..?) plus the mileage on their personal car. Why do things the hard way, if there's an easier way that doesn't break the rules?
  • I agree you needn't be worried about paying the 'actual' tinme, so long as you are paying them at least the min. they are entitled toom, including time and a half if they are over 40. You can keep it a flat fee if yu are not shorting them from what they would be entitled too on an actual basis. We do this too and compensate an extra 15 mins to take the mail and drop it off. It probably generally takes no more than 2-3 minutes for the employee who is on her way home anyway. But, she knows that if she runs into a problem(big line because of Christmas rush and has to get certified or whatever) she should put actual time and she will be paid.
  • Isn't this about the same as having the receptionist, for example, stop by the post office on the way to work each morning and pick up the mail? Should we start her on the clock early for that? What we've done is allow her to turn collect maximum mileage, daily, for a round trip to the post office, although it was on her way in and there was no extra expense to her. She came out ahead this way. A larger question might be what if she was injured picking up the mail. I suppose it would be a work related injury.
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