An opinion by the Federal Circuit federal appeals court has once again rejected arguments that certain types of commuting time should be considered hours of work and thus paid time.
In case No. 2008-5187, the court emphasized that the fact that an employee is driving a government vehicle in commuting to and from work is not a basis for determining that commuting time is hours of work.
The court cited its prior precedent stating that commuting time may be hours of work only if the employee "is required to perform substantial work under the control and direction of the employing agency—i.e., productive work of a significant nature that is an integral and indispensable part of the employee’s principal activities."
It said that other court cases decided after that precedent was set that the employees in this case—employees who are required to use government vehicles when driving between home and work and vice-versa—argued had changed the principle "are simply dry holes." It added that many similar cases are pending at a lower court but it decision held out little hope of any change in the court’s view of the law in those cases either.
