Should I be paid for driving a company van from the job site back to the company shop?

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Should I be paid for driving a company van from the job site back to the company shop?

My husband works for a company and drives to the shop every morning. From there he loads and drives a work van to and from the job site. His boss pays him travel time to the job from the shop but not from the job back to the shop. Is he entitled to be paid both ways? Also, his hours are normal daytime hours but every now and then they do a job that requires graveyard shifts. Should he be compensated with a higher wage on graveyard shifts since those are not his standard normal work hours?

Asked on June 16, 2012 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Yes, if your husband's route is home to shop; shop to job site; job site to shop; shop to home, then he should be paid for the job site to shop leg of travel as well. If he took the van home one night, then he doesn't need to be paid--that became his regular  end-of-workday commute. But if he is travelling to and departing for home from the shop, then the intermediate travel to/from job sites is work time as well.

There is no additional compensation due for the graveyard shift, unless the employer voluntarily chooses to provide it.


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