Doesn’t your employer have to pay you if you for stop to get item for work and you aren’t on the clock?

Asked on February 19, 2016 under Employment Labor Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, they do...if the employee is just commuting from home to work, then they don't pay for the commute, even if the employee voluntarily (without being instructed) chooses to pick up something useful for work. But if the company instructs/orders the employee to make a stop and get something, that is work--but only the extra time attributable to the stop is work (not the base commute time). Anything the employee is told/required to do by his/her employer is work.
So, say that an employee normally travels 20 minutes to get to work. The employee is told to stop off at another store to get some buns and that adds 20 minutes to the trip--in that case, the worker should be paid for 20 minutes.


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