Travel Time as a passenger?

kristinHR

Is it legal in Maryland that the employee who is driving the company vehicle to and from jobsites to get payed regular wages and the passenger of the vehicle not get paid for that time?

IT HR

Are you talking their commute to a jobsite from home and back or between different jobs sites during the workday?

Here is the wording for the MD Division of Labor and Industry Website:

"Time spent traveling or "commuting" to work is non-compensable (not payable). This is true, even where an employee must drive a long distance. However, as stated in the previous section, once reporting to work (such as to the employer's shop or office, or any other place an employer requires an employee to report), the employee must then be paid for the time necessary to travel to a work site or to accomplish some other mission the employer assigns."

https://www.dllr.state.md.us/labor/wagepay/wpcommute.htm

If it is between jobsites after the work day has started then I would say both of the employees need to be paid. 

TXHRGuy

[quote user="IT HR"] If it is between jobsites after the work day has started then I would say both of the employees need to be paid.  [/quote]

Agreed.

 

This is consistent with FLSA, as well.  The Maryland law adds nothing to the company's requirement.