Washington Supreme Court: Commuting in Company Vehicle Counts as Time Worked for Overtime Pay

The Washington Supreme Court ruled on October 18, 2007, that time spent driving to and from work in a company vehicle should be considered as hours worked and included in calculations of overtime pay.  The case, Stevens v. Brink’s Home Security, Inc., No. 79815-0 (Oct. 18, 2007), is an important ruling under wage and hour laws.  The case involved a class action filed on behalf of workers who drove company vehicles home at night and then drove directly to their first appointment the next day.  They were not paid for the drive time unless it was 45 minutes or longer.  The Supreme Court held that the workers should have been considered on duty during their drive to the first appointment.  This ruling has created quite a buzz in HR circles.  It is fact-specific so any employee who is not exempt from overtime requirements and who thinks he or she might be affected by a similar practice should review their situation with a qualified attorney.  At the same time, employers of delivery drivers and other workers who use company vehicles should review their work practices.  Here is a link to the decision.