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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18811
Experience:  Employment/Labor Law Litigation
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Hi! I have a question about travel time/mileage. I have a "home"

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Hi! I have a question about travel time/mileage. I have a "home" location where I am supposed to be unless someone gets sick or goes on vacation. Then they send me to other locations for several days at a time, maybe even weeks. They pay me mileage for my vehicle. Should I also get paid travel time?
Hello, my name is XXXXX XXXXX I look forward to assisting you today. I bring nearly 20 years of experience in various legal disciplines.

Are you first required to go to your home location before traveling to the new location?

Or is your commute simply made longer by having to travel to these different locations?
Customer: replied 3 years ago.

Hello, thank you!


 


I am not required to go to my home location first.My commute is much longer going to the other locations.


 


The mileage they pay me is from my home location.

Ok. Under the Portal to Portal Act, they would not have to pay you travel time.

Travel time to work from home and to home from work is not legally compensable time, even when the location changes from your normal commute. If they required you first to come to the "home" location, to collect supplies or pick up a company vehicle for instance, then the travel time following your initial commute would be compensable.

Legally, they don't even have to pay you mileage, as you can claim that as a loss on your taxes. So, while the employer is not doing all they could for you here, they are at least doing more than they are legally required to do.

Unfortunately, the employer is not legally required to pay you travel time to these different locations.
Customer: replied 3 years ago.

That makes sense.


 


So If I'm at my home location first and they make me drive elsewhere, for example training in another city, I get paid drive time?


 


Is there anything I can do about the agreement of driving? I didn't agree to drive all the time when I got hired and they have made it seem like I have to or I get fired. Can they do that?

Yes, you would get paid for that drive time, if you showed up at your work location and then drove elsewhere.

Now, as for driving all the time, unless you have a contract of employment with the employer specifically stating what your job duties are and that they can not change without your consent that means that your job is "at will." The terms of your employment then can be altered at any time, to include the added requirement to drive to work locations.

The employer could terminate your employment for refusing the additional duty.
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