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August 21, 2010
Working While Driving Is Compensable Time

In a BLR webinar entitled "Mileage/Commuting Expenses: How to Avoid Big Mistakes With These Employee Expenses," Mark E. Tabakman, Esq., partner in the nationwide law firm Fox Rothschild, LLP and Stacy Wade, Ph.D., CPA, assistant professor of accounting at Western Kentucky University, described basic wage and hour rules for working while driving:

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  • Any work that an employee is required to perform while driving is work time. An employee who drives a truck, bus, car, boat, or airplane is obviously working while doing so. Also, an employee who is required to ride as an assistant or helper is working while riding.
  • If you require employees to check email, take customer service calls, monitor other employees, or perform similar tasks while they are commuting, this time is work time as well.

Mark E. Tabakman, Esq., is a partner in the nationwide law firm Fox Rothschild, LLP (www.wagehourlaw.foxrothschild.com). He advises clients throughout the country on all aspects of labor relations and employment law, as well as the development of corporate employment policies. Stacy Wade, Ph.D., CPA, is assistant professor of accounting at Western Kentucky University (www.wku.edu). She teaches undergraduate and graduate courses in financial accounting and taxation.

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