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Big Sue
Star Contributor

USA
781 Posts

Posted - 02/06/2017 :  12:13:23 AM  Reply  Reply with Quote
How do they get away with not paying drive time? Is it an independent contractor (1099) job?
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Kelly F.
Star Contributor

WA
USA
562 Posts

Posted - 02/06/2017 :  09:50:01 AM  Reply  Reply with Quote
I should clarify Big Sue.
The first and last(driving to and from your home)40 miles and 1 hour of drive time each way is not paid.
From what I'm told this is now the norm for merchandising companies.
And it doesn't sound like California is any different.(I have a friend who works down there now)
Not a 1099 job. I would be considered an employee getting a W-2.

Kelly,
Silver Certified.
Merchandising The Puget Sound Area and Loving it! Love what you do, do what you love!
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Kelly F.
Star Contributor

WA
USA
562 Posts

Posted - 02/06/2017 :  10:22:22 AM  Reply  Reply with Quote
I have noticed that California is mentioned a lot in the forum in regard to travel pay and time(Due to their so many different laws).

I found this interesting.

This is from the HR Daily Advisor dated March 2012.

So it's 5 years old now and the laws may have changed since then.

5 Basic Rules of Understanding Travel Pay Here In California are:

1.“Commuting time from an employee’s regular place of work each day is not work time, so employers do not have to pay employees for this time.” Kwong explained.

2.“If an employee spend time traveling to a location for a special assignment, or spends substantial travel time for an emergency outside your normal work hours, that time that’s spent traveling during regular work hours is considered part of their principal job duties.” Travel in these circumstances or outside of normal work hours is compensable work time.

3.If an employee reports to a central location to pick up equipment before proceeding to his or her assigned worksite, the time spent traveling to the central location is not work time. The time spent traveling to the assigned worksite is work time.

4.Overnight travel or travel away from home is always work time under California law. Under federal law, it is work time only when it cuts across the employee’s normal workday and/or requires the employee to work on weekends or days when he or she would not otherwise be required to work.

5.Regular meal periods and time spent sleeping or in other leisure activities while traveling is not work time, and the employer does not have to pay the employee for this time.

Kristine E. Kwong, Esq. is a partner in the Los Angeles office of law firm Musick, Peeler & Garrett, LLP. (www.mpglaw.com)

Her practice includes the drafting and updating of handbooks, policy manuals, codes of conduct, and severance packages, and she regularly produces and presents training programs for employers on current issues of employment law.

Kelly,
Silver Certified.
Merchandising The Puget Sound Area and Loving it! Love what you do, do what you love!
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RobertH
Valued Contributor

Pinson, AL
USA
178 Posts

Posted - 02/15/2017 :  7:23:13 PM  Reply  Reply with Quote
One of the reasons California is referenced so many times is that the state seems to be a hotbed of lawsuits filed against merchandising companies for unfair labor practices. Workers tend to win pretty often out there, and part of the settlements requires companies which have employees there and elsewhere to model their labor practices under the California template. Ruling there become the precedent all across the rest of the country.

Robert
Over 30 years in the Field
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RobertH
Valued Contributor

Pinson, AL
USA
178 Posts

Posted - 02/15/2017 :  7:31:30 PM  Reply  Reply with Quote
quote:
Originally posted by Kelly F.


Now I'm wondering which would be better to work for Acosta on their Impact team or Advantage as a Retail Data Collector?
Any thoughts?




I work for Acosta on their Walmart Core team rather than their Impact team, so I can comment only as regards my team. I'd say that, whatever my issues with Acosta- and I do have several- they are better than many and probably no worse that a few in this industry.

I also worked as a Data Collector several years back, though for Crossmark rather than Advantage. I enjoyed the part of the job in which I visited various types of retailers (mass merchs, smaller retailers, grocery and convenience stores) and took what I'd guess I'd call a survey of various displays that the store had as to what type of display they were, what products were on them and the pricing. I also enjoyed doing category audits in which I would report on what products were located on the far right and far left of each shelf within a particular planogram. What I did not enjoy was the audits of most products in convenience stores in which I took physical inventory and then input the invoices of those same products in order to calculate the percentage increase or decrease of sales in each category. That was extraordinarily time-consuming and boring to boot.

I'd guess what it might boil down to is physicality. The Acosta job is probably going to be very physical (Impact just assisted in Frito Lay salty snack category resets- some had over 80' of product to reset!), whereas I found the data collection to be less physically stressful but probably more mentally draining.

Robert
Over 30 years in the Field
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Bert M
Contributor

Sharpsburg, MD
USA
98 Posts

Posted - 02/21/2017 :  09:51:45 AM  Reply  Reply with Quote
Robert, I just did 5 of those Frito resets, was lead on 4 of them. I definitely felt my age after the first 2. Worst part was the 5am start time and I live over 90 minutes away from most of them.

Roberta
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