Commute May Be Considered Working Time if Carrying Heavy Equipment

In a recent case out of Washington, Kerr v. Sturtz Finishes, Inc., a painter was seeking compensation for his commute because he transported tools in his vehicle from home to job sites. A federal court ruled that because most of the tools he carried were light, and there was no evidence that carrying them changed the nature of his commute, these activities did not transform his direct commuting time into work time.

Under the Fair Labor Standards Act, worker’s transporting heavy equipment may convert the commute from home-to-work into compensable working time. Ordinary commuting time is usually not considered working time that nonexempt employees would need to be paid for. The FLSA regulations note, however, that employees who are required to carry their employer’s equipment may be entitled to payment for that time “while performing active duties”, which can include transporting heavy equipment.

In the case of Kerr v. Sturtz Finishes, Inc., the majority of the equipment transported by the painter was lightweight and included handheld painting supplies, ilike buckets and brushes. The court found no evidence that the equipment transformed the nature of his commute, thus the employer was not required to compensate for the commuting time. (Kerr v. Sturtz Finishes, Inc., No. C09-1135RAJ, 2010 WL 3211946 (W.D. Wash. Aug. 12, 2010))