Time clock start/end times for mobile employees

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Time clock start/end times for mobile employees

I’m trying to figure out according to the law when the time clock must start for mobile W2 employees. Here’s the scenario. If we have a mobile team of 2 team members. One team member is the driver, picks up supplies and/or other team members as passengers to car pool to the job site mobile cleaning business. The time clock for the DRIVER starts when they arrive to the pick up point to pick up carpool passenger or supplies. The time clock continues through the job and until carpool passenger and/or supplies are dropped off. The part I’m confused on is when does the time clock start for the carpool passengers? Is it legal for the time clock for the passenger to start upon arrival to the job-site and to the end of the job? So the carpool passenger doesn’t get paid for the ride. Is that allowed or must the time clock start for the carpool passenger start once they get into the vehicle, even though they do not have any work given in the vehicle. It’s strictly they are being taken to the job. Things to keep in mind: the carpool passenger is not allowed to drive because they didn’t qualify either due to, excessive traffic violations or excessive exterior body damage on their vehicle; the carpool passenger does need to meet the driver at a central location where they will be picked up. The driver does not pick up the passenger from their residence. Carpool passenger must arrive on their own to the central meet up location, park their car and get in the vehicle with the driver and head to the job site. The car pool passenger would be notified in the employee contract before they accept the position and understand and agree to the terms and time clock policy if legal and within the law.

Asked on March 21, 2019 under Employment Labor Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If the car pool passenger must travel to a central location for pick up, the trip to/from that location is considered the commute, the same as if they had to go to the office to then go to the worksite from there. Therefore, the time after that--after they get to the collection point or complete their commute--is work time. The can't make the employer pay more by deliberately showing up earlier than they need to, so as a practical matter, the clock starts for them when they get into the driver's car to be driven to the worksite, the same way that it is work time for an employee to be driven from his/her office to a work location.


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