Is “on call” time compensable? Many tow companies require a driver to occasionally take their truck home at night or to answer weekend calls. However, some tow companies do not have a plan in place for determining whether this time is compensable. This is important because uncompensated “on call” time can quickly turn into a wage and hour nightmare of minimum wage and overtime claims.
Employment related lawsuits are on the rise nationally and the tow business is no exception to this trend. Tow companies are now faced with many new types of employment related lawsuits that few considered several years ago. Employment related lawsuits range from overtime and minimum wage claims from drivers to the more standard type of employment related lawsuits from support staff. Fortunately, there are some simple steps that tow companies can take to help protect themselves.
If an impounded vehicle goes unclaimed, every state has a law requiring the impounding towing company to notify the last known registered vehicle owner and lienholder, if any, of the impound, the amount of outstanding charges, and the possibility that the vehicle will be sold if it remains unclaimed. These requirements must be met to perfect a lien, if one exists. The notice must be sent via certified mail within a specified number of days, typically five to seven days.