Litigation

Washington Department of Labor & Industries to issue policy on 'drive-time' wages

By Kathy Feldman

On August 8, 2008, the Washington Department of Labor & Industries will issue a draft policy addressing the uncertainy created by the 2007 Washington State Supreme Court decision in Stevens v. Brink's Home Security regarding travel time in company vehicles.  The draft policy is intended as a guide "in the interpretation and application of the relevant statutes, regulations, and policies and may not be applicable to all situations."  The policy states that whether travel or commute time is compensable depends on the specific facts and circumstances of each individual employee, employer, and work week.  If the travel or commute time is considered "hours worked" under the Washington statutes, then it is compensable.  "Hours worked" means all hours when an employee is authorized or required by the employer to be on duty on the employer's premises or at a prescribed workplace.  The policy lays out the three elements of the definition of "hours worked:"

1.  An employee is authorized or required by the employer,
2.  to be on duty,
3.  on the employer's premises or at a prescribed workplace.

If any of the three elements is not satisfied, then the time spent driving in a company-provided vehicle is not considered "hours worked."

The policy states that "time spent driving a company-provided vehicle from the employers' place of business to the job site is considered hours worked.  Time spent driving or riding as a passenger from job site to job site (if the job site is not at the employer's main business location) is considered hours worked."  The policy further states that "time spent driving a company-provided vehicle during an employee's ordinary travel, when the employee is not on duty and performs no work while driving between home and the first or last job site of the day is not considered hours worked."

Employers should examine their personnel policies to be sure that employees have clear guidance regarding company vehicle use.   

See our earlier post about the Brink's case here.

Full post as published by Northwest Business Litigation Blog on August 06, 2008 (boomark / email).