If the riders are not obligated to use the company vehicle their ride time does not count. If the employees take their own vehicles to a common location to ride in a bus or other vehicle to a jobsite, the bus driver is on the clock, but the riders may not be. If a group of employees decide on their own to carpool, the time does not count. Who gets paid for time in a carpool: Again, it depends. This time is clearly for the employer’s benefit with the possible exception of driving to and from a meal break location. How is travel during the workday treated: Once an employee arrives “at work” (whether that be a jobsite, first call, or office) any additional travel during the day up to the end of the workday or last call of the day is counted. On the other hand, if the employee drives the vehicle to pick-up co-workers or materials on the way to work, the time counts as soon as the employee leaves home. If the employee drives the company vehicle to and from home, and from home to work or business calls, the time is treated like a regular commute and does not count. What if the employee drives a company car: If the employee drives to a business location to pick up a company vehicle before heading out to the first job of the day, their time starts to count as soon as they get in the vehicle. The Common Situations section will help you understand this point better. If, on the other hand, the DOL considers the travel to be “for the employer’s benefit,” it does count. If the Department of Labor (DOL) considers the travel “for the employee’s benefit” it does not count. In it’s simplest form, compensable travel time starts when work begins whether that is picking up food for the office or sitting in traffic on a conference call. Of course, most of you are thinking the commute to the office can’t possibly count. Is the drive from home to work covered: Let’s start at the beginning of the day (and the end). The problem is that not all time must be counted and the rules can be quite tricky. (For more information on who is exempt from overtime, see the Exemptions edition). What is the issue: Employers are required to count certain time spent traveling toward an employee’s hours worked each week unless the employee is exempt from overtime. Who does it apply to: All employers who are subject to the Fair Labor Standards Act, which is virtually every employer.

Stop and shop handbook