THE GOING AND COMING RULE: WHAT CONSTITUTES WORK HOURS

Going and Coming Rule

Questions about whether an employee can be considered on the job while enroute to it or from it often is an issue in law when there is possible liability for an accident. For example, a worker who gets in a car accident on the way home from work may claim the employer should be responsible for the medical costs and property damages.

Employers usually use the “Going and Coming Rule,” which generally declares employers free from liability by holding that an employee is “not acting within the scope of employment” when going to or coming from the workplace.

However, there are some specific exceptions to this rule. Courts have found employers liable where they:
• Get some benefit from the trip – such as new clients or business contacts,
• Pay the employee for the travel time and travel expenses, such as gasoline and tolls, and
• Request that the employee run a special errand while traveling to or from work—such as picking up supplies or dropping off a bank deposit

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (818) 918-5522 or by visiting http://payablaw.com/

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