If I have to drive a company vehicle from the job site back to the shop before I go home, shouldI be paid for this time?

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If I have to drive a company vehicle from the job site back to the shop before I go home, shouldI be paid for this 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 February 25, 2011 under Employment Labor Law, New York

Answers:

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

Answered 10 years ago | Contributor

Yes you should.  This travel is not part of your daily travel to and from work.  It is work time and all work time must be paid.  Legally, while a regular morning commute to an office, shop etc. does not count as work time, driving to a work location generally does.  Accordingly, as long as you are a non-exempt employee, since this is compensable time your employer has to pay you for it.  Additionally, if it puts you into overtime, then it has to be paid as overtime pay. 

If you can't resolve this issue with your employer, can contact your state's department of labor or an employment law attorney for help.


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