The parking is free, but it has other costs

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Published Apr 2, 2017

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Washington - Q: I have a family member who works at a

large suburban office building. For more than 30 years, the employer has

provided free parking at this location. Because of a recent increase in the

number of employees and customers at this building, the company is shifting

employee parking to a free off-site garage nearly a mile away. Since the area

is not pedestrian-friendly, a shuttle will be provided. The entire process will

add 30 minutes of travel time each day.

Is the employer required to pay the employees for the

extra 2.5 hours of time being added to their workweek?

A: Call me Pollyanna, but I see a few causes for

celebration here: One, it sounds like the business is growing, and two, the

employer is at least trying to offset the hazard and inconvenience with a free

shuttle. And even in the suburbs, free parking is nothing to sneer at. Yay ...?

If you prefer your comfort served cold, your relative is

in good company: Commute times throughout the United States have been steadily

increasing since 2010, to a national average of 26 minutes each way. (Pause

here for bitter laughter from "extreme commuters," the

fastest-growing group, who travel 90 minutes or more each way to jobs in

pricey, traffic-choked metropolitan areas.)

Now the bad news: Standard travel time between home and

the workplace is generally not considered compensable work time under the Fair Labour

Standards Act. If you choose to live farther from work - or you simply can't

afford any square footage bigger than a breadbox in your employer's vicinity -

a longer commute is your burden to bear. But even though your relative's

increased commute time is due to the employer's business decision, the employer

isn't obligated to pay for that added time, any more than if the employer had

moved to a new location.

Read also:  Porsche wants a 911 to find parking in tech pursuit

The story might be different if employees are required to

start working the moment they board the shuttle - say, if the employer equips

the bus with WiFi so employees can send emails in transit, says employment

attorney Declan Leonard of business law firm Berenzweig Leonard. Also, Leonard

points out, some states may have a more expansive view of what commute time

qualifies for pay. For example, the California Supreme Court in 2000 ruled that

agricultural employees who were required to meet in a specific location and

board an employer-provided bus to the work site were entitled to receive pay

for the time they spent riding the bus, because they were "subject to the

control of the employer" during that ride.

But it doesn't sound as though your relative is being

forced to drive to the parking lot and take the shuttle. Presumably, employees

are free to use any option - bike, carpool, pogo stick, atomic matter

transporter - that gets them to the office door. Or, if pay parking is

available closer to work, they may decide a day's parking fee is an acceptable

trade-off for their time.

WASHINGTON POST

 

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