Can a company enforce a reasonable commute policy when the employees drive a marked company vehicle and have no home location?

UPDATED: Jun 27, 2012

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Can a company enforce a reasonable commute policy when the employees drive a marked company vehicle and have no home location?

I work for a private company and my employer just started to enforce a reasonable commute policy. We drive marked company vans full of our tools and equipment required to do our job. We have no “home” location. We are now required to drive for 30 minutes in the morning before we can punch in and we must punch out 30 minutes before we arrive home. According to Stevens v. Brinks, the Washington supreme court ruled that all drive time for the employees was considered time worked because they drove a marked company van that held all the tools and equipment required for the job and no home.

Asked on June 27, 2012 under Employment Labor Law, New York


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If your employer is now requiring an actual drive to work in the morning to "punch in" to start the employee's day and actual "punch out" to end the day at the employer's designated place of work, the employer can require this.

However, the time between "punch in" and "punch out" should be subject to compensation to the employee with the possibility the drive in time to "punch in" as well.

I suggest that you consult further with an attorney that practices in the area of labor law to assist on the details of which time written above is subject to compensation to the employee by the employer.

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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