Does an employer have to pay an employee to drive a company truck, supplies, and other employees to and from different work sites?

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Does an employer have to pay an employee to drive a company truck, supplies, and other employees to and from different work sites?

My husband works for a company and gets paid per hour. He has a chauffeur’s license, which is required to drive the truck in question. He drives the truck (which is needed to complete the job), other employees (who are needed to complete the job), and supplies (that are needed to complete the job) from the shop to other locations, then back to the shop when they are done for the day. The dispute is whether he should get paid for the time he is driving.

Asked on November 14, 2010 under Employment Labor Law, Michigan

Answers:

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

Answered 11 years ago | Contributor

From the facts as presented this travel does not appear to be part of his daily travel to and from work.  Therefore, it is work time. And all work time must be paid. While the regular morning commute to the office does not count as work time, driving to a work location generally does.  Since it is considered to be compensable time, his employer has to pay him for it.  Additionally, if it puts him into overtime, then it has to be paid as such (i.e. as overtime pay). 

If he can't resolve this issue with his employer, he can contact your states department of labor, or contact an employment attorney for help.


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