Paid time vs. reimbursement for milage?

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Paid time vs. reimbursement for milage?

My current job as a regional manager requires me to travel from store-to-store as a part of my daily job. The company I work for is requiring me to clock in when I arrive at the store I am visiting and clock out while I am traveling to the next store I am scheduled to visit. Again once I arrive to the next location I am allowed to clock in. Mind you each location is a 30-40 minute drive in traffic when I will be driving. Is it legal for them to have me clock out for my travel time? There argument is they are offering me a $100 monthly allowance in milage reimbursement and that is my pay.

Asked on March 27, 2019 under Employment Labor Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

No, it is not legal. Travel time during the work day is work time--basically, all travel time but for your first commute or drive in the morning from home to work, and your last commute or drive in the afternoon or evening from work back home is work time and MUST be paid if you are (as you appear to be) an hourly employee. You employer is free to offer you mileage reimbursement, too, if they like, but must pay you. If they will not, you could contact the department of labor to file a wage and hour complaint.


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