Do nonexempt employees have to be paid for their commutes if they are using a company car?
Author: Michael Cardman, XpertHR Legal Editor
No. Employees do not need to be paid for commutes in a company car or other employer-provided vehicle as long as the following requirements are met:
- The employees perform no work-related duties, such as transporting other employees to the work site or picking up necessary work supplies, during their commutes;
- The commutes are within the normal commuting area for the employer's business or establishment;
- The commutes are subject to an agreement between the employer and the employees (or their representatives);
- The employees are able to use their normal routes for the commute;
- The employees do not incur any additional costs, such as parking fees or maintenance expenses, by using their employer's vehicle; and
- The vehicle is of a type normally used for commuting, such as a car, pickup truck or van.