Can my employer require me to work an 8 hour shift out of town without paying drive time on a daily basis?

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Can my employer require me to work an 8 hour shift out of town without paying drive time on a daily basis?

I’m required to be present at the office for a daily meeting at work at 7 am. However, I’m not allowed to clock in until 7:30. Then I’m required occassionaly to commute out of town usually about an hour and 15 min. At the end of the day I clock off at 4, we are required to clock off and then we begin our commute back to the office. In short, my employer does not pay for drive time returning home but I have over an hour of unpaid time that is devoted to work. Is this allowable? I do not have a company vehicle but am required to ride In one. Out of town day trips usually happen multiple times per week but always start and end at the office.

Asked on August 17, 2016 under Employment Labor Law, Colorado

Answers:

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

Answered 5 years ago | Contributor

An employee is not entitled to pay for time that they spend communting to and from their office. However, they are entitled to be paid for any other time that they spend performing their job duties, including travel time for their job. Additionally, since your company is required to compensate you for all hours you work, you are also entitled to be paid for the time spent in your daily meetings. If your employer is not compensating you fairly, you can again contact your state's department of labor and file a wage claim and/or consult with directly with an employment law attorney in your area.


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