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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
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Experience:  Significant experience in all areas of employment law.
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If I am asked by my job to pick up parts for the company, and

Resolved Question:

If I am asked by my job to pick up parts for the company, and the company pays mileage for doing parts runs during the coarse of my day, for one am I considered On the Clock from the time I pick up the parts and should it matter if the stop is on my way to work in putting in for mileage compensation?
Submitted: 10 months ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 10 months ago.

Hello and thank you for entrusting me to assist you, I will do everything I can to answer your question.

The general rule is that an employee is not entitled to compensation for the time they spend on their regular commute to work. The question, however, is when an employee begins "working," and thus when their non-compensable commute has ended.

This is determined on a case-by-case basis, but as a general matter, courts have held that employees who are required to pick up items and bring them to work are "on the clock" once they arrive at the remote site to pick up the requested items, and so the second half of their commute (from the pickup site to the work site) is compensable.

See here for a perhaps overly detailed discussion of the compensability of commute time: http://www.leagle.com/decision/2004541307FSupp2d234_1513

Again, however, courts have held that an employee who is charged with picking up items at a remote site are entitled to compensation for their commute from the remote site to their actual work site.

Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes to you and thank you so much for coming to Just Answer.

Customer: replied 10 months ago.

Am I wrong to ask for mileage compensation on top of my hourly wage, since I would be paid for both if I was asked to leave from work to pick some thing up and bring it back and receive mileage both ways.

Expert:  Patrick, Esq. replied 10 months ago.
Brian,

Thank you very much for your reply.

Employers in the state of Kansas have no legal obligation to reimburse employees for their mileage. However, as it is generally consindered good practice to do so, many employers do. It certainly can't hurt to ask for mileage reimbursement from the remote site where you pick up parts to your principle work site, but your employer is within its rights to say no.

If they do say no, you would typically be able to claim a tax deduction for that mileage when you file your taxes, which will result in savings in lieu of mileage reimbursement from your employer.

Again, please feel free to let me know if you have any further concerns.

Kindest regards.
Customer: replied 10 months ago.

Where would you suggest that I look to be able to find Kansas labor laws that I can use to present as argument to my manager.

Expert:  Patrick, Esq. replied 10 months ago.
Well the difficult thing here is that there is no singular law which dicates how an employee is to be compensated under these circumstances. It is a collection of laws and judicial opinions which, when read together, would support your position.

If I were to summarize it for inclusion in a letter to my employer, I'd start by referencing 29 USC § 203 & 206 (part of the Fair Labor Standards Act), which colelctively require employers to compensate employees for all hours of employ at a rate no less than minimum wage, and defining "employ" as all time "suffer[ed] or permit[ed] to work."

I would then cite Rutti v. Lojack Corp., Inc., 596 F. 3d 1046 (2010) for the general proposition articulated therein, that: "[w]hile the Portal-to-Portal Act clearly excludes normal home to work travel from the scope of the FLSA,... Congress ... still intend[ed] for an employee's activities to fall within the protection of the [FLSA] if they are an integral part of and are essential to the principal activities of the employees"

I would then argue that picking up parts at a remote worksite is an integral part of and essential to the principle activities of my employment, and I'd reference Dooley v. Liberty Mut. Ins. Co., 307 F. Supp. 2d 234 in support of this factual finding.

Again, please feel free to let me know if I can provide further assistance. If I have answered your question, I would be very grateful for a positive rating of my service so that I may receive credit for assisting you.

Kindest regards.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 6680
Experience: Significant experience in all areas of employment law.
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