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

UPDATED: Sep 30, 2022

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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


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

Answered 6 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.

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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