Does my employer need to pay me for travel to and from work if I’m subject to their control while driving?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 1 year 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 1 year 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. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption