Should I be paid drive time?

UPDATED: Sep 30, 2022

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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


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

Answered 6 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.

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 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.

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