The general rule is that an employee’s commute to work, from home to the company door, is unpaid.

But what if an employee – say, a service technician – drives his/her own vehicle to the first worksite of the day, with tools, equipment and spare parts in the trunk?

The law is not so specific that it defines in great detail all situations which might arise. The obligation to compensate an employee depends upon whether the time spent meets the definition of “hours worked” found in the Industrial Welfare Commission Orders, Section 2, Definitions.

“Hours worked” means the time during which an employee is subject to the control of an employer, and includes all the time the employee is suffered or permitted to work, whether or not required to do so.”

The Division of Labor Standards Enforcement (DLSE) gives guidance about travel time in its Opinion Letter 2003.04.22, stating in part: “Also, if the travel involved the employee being required to deliver any equipment, goods or materials for the employer, the travel, no matter how extended, would be compensable.”

On the basis of this definition, when an employer directs an employee to deliver tools and equipment, the employee is working and the hours are compensable.

On the other hand, if the employee is simply driving to the first place he/she is to report for work without any additional obligations imposed by the employer, that commute time is not compensable.

When an employee is performing a duty for the employer, the fact that it is the employee’s first commute of the day does not negate the obligation to pay for all hours worked. This means whether the employee is driving his/her own vehicle or a company vehicle, he/she is on the clock when commencing to drive to the work location.

Also, keep in mind that if the employee is driving his/her own vehicle, mileage reimbursement will be required.

Deciding what is and is not hours worked can be complicated. We recommend that you develop a policy about travel time payment and make sure your managers/supervisors are aware that asking an employee to deliver equipment
to a job site may create a time and mileage obligation for the company.

The information presented is not intended to be, and does not constitute, “legal advice.” Because each situation varies, and only brief summary information is provided here, you should not use this information as a basis for action unless you have independently verified with your own counsel that it applies to your particular situation.