Travel Issues - Portal to Portal

Jimbo · August 2004

Has anybody had any experience with the compensability of travel of employees to and from the work site and a parking location close to the employee's home? I understand that it is non-compensable if the employee parks the car at their home but here the employees drive in the employer's car and the employer and employee agree that the vehicle will be kept on a property owned by the employer (local government) which is within the normal commute range of the employee's home (usually a few miles from the employee's home). I believe that once the employee leaves the work site that under these circumstances the travel is not compensable under the Portal-to-Portal Act, the Employee Commuting Flexibility Act of 1996, and Baker v. GTE North Inc, 110 F.3d 28 at page 30. Any thoughts or experience on this issue? Thanks.

hhaynal · August 2004

Just yesterday I responded to another forumite with an explanation which I believe answers yours as well. It is my understanding from your facts that the employer has designated a permanent location for which employees drive from their homes to this location and retrieve the company car. From that location they then report to the main office or other location. Correct? Do they get their days assignments from this parking area or do they go to the main office or some other location to receive their work assignments? My understanding of the portal to portal act is that the employee is on the clock from the time they receive their work assignment. If the employee in your scenario is driving from home to the employer's "parking area" for purposes of picking up the company car and then drives to the main office to begin their workday, the employee would not be on the clock until reporting to work at the main office. If, however, at the designated parking area, the superintendent assigns the day's work responsibilities and then the employee drives to another location to begin work, the employee goes on the clock from the parking area.

Hope this helps.

Jimbo · August 2004

Thanks for your reply. You bring up an interesting point about compensability being related to when the work assignment is known. Actually, in our scenario the parking area is selected by the employee from many available areas belonging to the employer and in almost every case the employee picks the location closest to their home. The parking location is thus a compromise allowing the employee to commute close to their home using the employer's vehicle and we agree that the start of compensability is when the driver/employee arrives at the worksite, wherever that may be located or if the employee uses the vehicle to pickup inventory or tools that are outside of the normal commute range of that employee. We would love to chat about your experiences on this issue. Feel free to call Jim or Steve at 813.272.5670. Thanks.

hhaynal · August 2004

I'll give you a call sometime today or Friday morning.

H

dynamite9551 · August 2004

i wasn't aware that any employer had to pay employees for travel from their home to work or employer parking lot, regardless if personal or company vehicle, and vice versa.

good luck

Travel Issues - Portal to Portal

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