Pay for No Work – Part II – Travel Time

An earlier post looked at having to pay for on-call time under the Employment Standards Act (British Columbia). This post looks at travel time.

Travel time may be payable, depending on whether the travel is at the direction of the employer. Commuting from home to work and back again is generally not payable, even if using a company vehicle. But time spent going from home to work will be payable if the employee must bring employer-provided materials or equipment from home, move materials from one location to another, or pick up or deliver materials or equipment on the way to the worksite.

If required to report at a specific place (a “marshalling site”) and from there take employer-provided transportation to the worksite, the trip from home to the marshalling site is unpaid, but the time from the marshalling site to the workplace is payable. However, if the employer provided transportation is optional, that is unpaid commuting time.

Possible solutions:

  • Use an averaging agreement to avoid overtime for an employee who is required to travel and be paid for it.
  • For employees who are required to travel frequently, have a written agreement that travel time is paid at a lesser rate (at least minimum wage).
  • Avoid requiring employees to perform work-related duties or transport materials on their way to or from work.

emergency Employment Standards on-call travel time wages work work hours

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