[Congressional Record Volume 141, Number 47 (Tuesday, March 14, 1995)]
[Extensions of Remarks]
[Page E590]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                    TRAVEL TIME IN COMPANY VEHICLES

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                         HON. HARRIS W. FAWELL

                              of illinois

                    in the house of representatives

                        Tuesday, March 14, 1995
  Mr. FAWELL. Mr. Speaker, today I am introducing legislation which 
will ensure that the Portal-to-Portal Act and the Fair Labor Standards 
Act are not misinterpreted by the Department of Labor [DOL] and the 
courts in such a fashion that employers are required to compensate 
employees for their use of company vehicles in their commutes.
  The use of company vehicles by employees is pervasive in many 
industries. Police departments, air conditioning contractors, heating 
oil retailers, plumbers, and carpet cleaners all provide vehicles to 
their employees. This is generally seen as a benefit to the employee 
who is able to carry personal tools and equipment in a company vehicle 
to the first job site, without having to physically check in at the 
company office. The employee also does not have to buy a vehicle for 
commuting and saves money on gasoline.
  Despite the clear benefits to the employee from this practice, DOL 
has indicated that employers should pay employees for time spent in 
company vehicles commuting to the first job site. Last year, after some 
pressure from several members of this body, DOL agreed to stop 
enforcing the policy pending a departmental review. This policy would 
create additional paperwork for the employer and increased employers 
costs, with the end result of generally discouraging this practice. 
Many employers may then decide to arrange the central storage of all 
the vehicles and to require the employee to pick up the vehicle in the 
morning, transfer his or her tools into the company vehicle and drive 
to the first job site. At the end of the day, the employee would then 
have to return to the company, transfer the tools back to his or her 
vehicle and drive home. This alternative clearly does not benefit the 
employee.
  The longstanding practice utilized by employees and employers works 
well and benefits both parties. My legislation would make it clear that 
the use of a company vehicle by an employee for commuting from home to 
the first job site and from the last job site to home does not require 
the employer to compensate the employee for commuting time. I look 
forward to enacting this legislation in the 104th Congress.


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