29 C.F.R. § 785.36
Home to work in emergency situations
There may be instances when travel from home to work is overtime. For example, if an employee who has gone home after completing his day's work is subsequently called out at night to travel a substantial distance to perform an emergency job for one of his employer's customers all time spent on such travel is working time. The Divisions are taking no position on whether travel to the job and back home by an employee who receives an emergency call outside of his regular hours to report back to his regular place of business to do a job is working time.
Notes of Decisions
Cited in 4
cases (1 in the last 5 years), 1974–2021 · leading case: David Kavanagh v. Grand Union Co., Inc., 192 F.3d 269 (2d Cir. 1999).
David Kavanagh v. Grand Union Co., Inc., 192 F.3d 269 (2d Cir. 1999). “” 29 C.F.R. § 785.36 (1999). Similarly, a more recent opinion letter places emphasis on the distance traveled.”
Pietrzycki v. Heights Tower Serv., Inc., 290 F. Supp. 3d 822 (E.D. Ill. 2017). “See 29 C.F.R. § 785.36 - 40. "[O]rdinary travel from home to work," though, "need not be counted as hours worked.”
Merrill v. Exxon Corp., 387 F. Supp. 458 (S.D. Tex. 1974). “See 29 C.F.R. § 785.36 . Time spent in transit is ordinarily not compensable.”
Johnson v. Helion Tech., Inc. (D. Maryland 2021). “, at 22) (citing 29 C.F.R. § 785.36 (stating, “There may be instances when travel from home to work is overtime” including, by way of example, where an employee is “called out at night” to travel to a jobsite)).”
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