Should I be paid drive time?

I’m being paid until 4 pm, that’s when I leave the jobsite. However I then have to drive the truck back to the shop before I can go home. This is sometimes like 5 pm. I feel as if I should be getting paid?

Asked on March 18, 2016 under Employment Labor Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The general rule is as follows: if an employee reports to a central location to pick up equipment before proceeding to their assigned jobsite, the time spent traveling to'from the central location is not work time since it is considered commuting time. However, the time spent traveling from the pick-up location to the assigned jobsite and back is work time and therefore compenasble (i.e. the employee must be paid for it).
For further information you can go to the CA Department of Industrial Relations website and/or consult directly with a local employment law attorney.


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