Does my employer need to pay me for travel to and from work if I’m subject to their control while driving?
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Does my employer need to pay me for travel to and from work if I’m subject to their control while driving?
I am a service technician driving a company vehicle from home because there is no parking at our
Asked on July 17, 2019 under Employment Labor Law, Indiana
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
An employee's initial commute to and from work is not considered to be legally compensable work time, therefore it need not be paid. This is true whether or not you are subject to their control regarding the terms under which you can drive the company vehicle. That having been said, if you are required to stop on your way to/from work (and and conduct company business, then that time (and only that time) is to be paid.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
No, whether you under their control over not, your initial commute to work (either your office or the first work or job site, if you go directly there) and your commute home at the end of the day is not considered "work" time and is not paid.
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