MACNY - Payment for Long Commute

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Payment for Long Commute

Question: One of our employees has to commute to Utica for several weeks to finish a job. Do we have to pay him for his travel time?

Answer: It depends when he is traveling. Normal travel from home to work is not work time. This is true whether the employee works at a fixed location or at different job sites. If an employee has to report to a central location to pick up equipment, supplies or co-workers, or to get instructions, work time starts at that location. The Portal-to-Portal Act provides that traveling to and from where work is performed at the beginning and end of the workday is not work time. However, when an employee travels during their regular work hours (for example, 8:00 a.m. until 4:30 p.m.), even on weekends, they must be compensated at Federal minimum wage.

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