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Stevens v. Brink's Home Security - WA clarifies wages law

By Brett Hill

The Washington State Legislature has not defined hours worked and cmpensability of employee travel time. The Washington Administrative Code (296-126-002(8) defines "hours worked" as "all hours during which the employee is authorized or required ... to be on duty on the employer's premises or at a prescribed work place." The WA Supreme Court found that technicians for Brink's were "on duty" while in company vehicles. Brink's controlled the technicians' personal activities and time. Technicians received job-site assingments at home via voice mail or hand-held computer. Supervisors could rediret technicians while en route to other jobs or service calls. The trucks constituted the employer's "prescribed work place." The trucks carried the tools and equipment. Technicians often completed paperwork in the trucks. Brink's requires employees to ensure that the vehicle is kept clean, organized, safe, and serviced.

Full post as published by Construction Law Blog on December 28, 2007 (boomark / email).