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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18846
Experience:  Employment/Labor Law Litigation
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I'm a field service tech, and I work from home. The company

Customer Question

I'm a field service tech, and I work from home. The company does not have an office in Wisconsin. My work hrs are 9 to 5 or 3 to midnight. The company demands that I am ready to go to work an hour before the shift starts and absorb up to an hour after the shift ends in which the company calls commute time. They also demanded as a condition of employment that I live within 20 minutes of Milwaukee. Is it legal for the company to demand the extra 2 hours a day with no pay?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 year ago.

If you are actually commuting during that time, then yes it is legal, but you stated that you work from home so I'm not understanding how you could be commuting.

In employment law, actual commute time to and from your home to a work location are not payable time (that first trip). However, they can't require you to use an hour before and after as commute time when you aren't actually commuting.

You should contact the Wisconsin Department of Workforce Development to file a wage claim against the employer here. This is a legally protected complaint, meaning that you can not legally be retaliated against for making that claim.

https://dwd.wisconsin.gov/er/labor_standards_bureau/how_to_file_a_wage_claim.htm

There is the link for the claim location.

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