Under Wisconsin Law, Commute Time is Non-Compensable Even if Using Employer’s Vehicle
The Wisconsin Supreme Court recently decided that Wisconsin law does not require employers to pay employees for the time spent driving company vehicles between their homes and job sites. Kieninger v. Crown Equipment Corp. Federal law has a similar rule, but it is subject to more limitations than the Wisconsin rule. Under federal law, employees are not entitled to pay for the time spent driving company vehicles between their homes and job sites if the travel is within the normal commuting area for the employer’s business and the employer and employee agree to such a set up. Where state and federal wage and hour law apply, the law that is most favorable to the employee must be followed. In this case, the federal law is more favorable to employees and therefore controls on this issue.
