I am currently in the middle of a Federal Audit in regards to overtime. The sticky issue is as follows:
When an employee goes directly home from the job site be it in their personal vehicle or a company vehicle they agree that I do not need to pay them (so it does not count towards overtime). The question is what if our company policy is that you can go directly home after leaving the job site, be it in your personal vehicle or if you have a company vehicle, but the employee elects on their own to go to the office instead. Let's say because they want to use their personal vehicle at home, or for any other reason.
As far as the company is concerned, there is no end of day duties at the office and there is no need for the employee to go to the office, but they do it themselves. As a matter of fact, a few employees do take the company vehicles home at the end of the day. The auditor is trying to claim that is that they are heading back to the office, it is required to pay even though it's their own decision to do it. I don't see why it should be that way.
We have hired a lawyer, and the lawyer said it isn't so clear, and they are going to have to try to find precedents/case law to see.
Does anyone here have any experience with this?