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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18790
Experience:  Employment/Labor Law Litigation
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I work in New Mexico. My employer is requiring us to park off-site

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I work in New Mexico. My employer is requiring us to park off-site and walk to the building. It takes approx. 15 minutes to walk from the lot to the building. We are still required to start our shift on time, which means in a regular day with a lunch break I am spending 1 hour of time walking to the lot.

Two questions:
1. Does my employer have to provide transportation to and from the parking lot?
2. Are they required to pay for the time spent walking to and from the parking lot?
Thank you for your question today, I look forward to assisting you. I bring nearly 20 years of legal experience in various disciplines.

Regrettably, no. The Fair Labor Standards Act contemplates the beginning of your work day as the moment when you start conducting the affairs of work.

So, the cases where people have been able to receive pay are when they had to arrive early in order to don or remove certain uniforms/equipment for work, or gather tools/supplies that would be needed for that days work. Those are work related time issues.

The time to travel from your car to the workplace is considered commute time. The most glaring example of this case was where employees had to take a bus into their remote workplace and they were not paid for that time.

Now, don't mistake that case for their being a mandatory requirement for them to bus employees. That doesn't exist. The employer in that case bussed the employees nearly 50 miles into the remote work location, that was a secured facility such that they couldn't drive onto the property. The employer did so as a security precaution, not as a legal requirement to provide the busing.

If there is someone with a disability that makes the commute difficult, the employer could be required under the ADA to provide, as a reasonable accommodation, transportation for that employee, but there is no general law requiring it for all employees.

I wish I could tell you differently here, but that is the present state of the law on this issue.
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