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Travel time

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  • Travel time

    My husband works for a small local cleaning company that requires the employees to travel to a job site. They go to the "shop", punch in on a time clock, then travel, either alone or in a group in a company vehicle to a job site. In my husbands case, he travels alone in their car, about an hour and 20 minutes to his destination. The group of guys (5 people) drive about an hour and a half. They are not getting paid for the travel time. These people are working 10+ hours a night just to get their 8 hours and are getting docked for their travel and lunch. We realize that they have to take the lunch, but the travel time too? The worst part is that we think the employer knows he's doing something wrong, but he has idiots working for him that don't know the difference and won't question it. Well, this wife is... What is the law regarding travel in a company car after punching in?? Thanks!

  • #2
    Your state is not my state, so I am looking at the federal laws only. The federal travel rules are 29 CFR 785.33 - 785.41. You need to read all of the rules in the set, although it is likely that one specific rule will be more applicable to your situation. It is likely that you will want to argue that the 785.38 rules apply.

    Arguably the employer is not very bright. If the employer simply had the employees drive directly to the job site, then travel time would NOT be hours worked. It is having the employees report to the office first that is likely to make the non-commute travel time into hours worked.

    Just to be clear, commute time per se is almost always hours NOT worked. And there is a very good reason why I suggested that you read all of the rules in the set, and not just 785.38.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)