Legal Question in Employment Law in New York

I work for a private company in NY. My employer just started to enforce a reasonable commute policy. We drive marked company vans full of our tools and equipment required to do our job. We have no 'home' location. We are now required to drive for 30 minutes in the morning before we can punch in and we must punch out 30 minutes before we arrive home. According to Stevens v. Brinks, the Washington supreme court ruled that all drive time for the employees was considered time worked because they drove a marked company can that held all the equipment and tools requires for their job. Would this court precident affect our situation in NY? Also, hr has refused to meet with me to discuss the policy, and there are two different policies that define the commute in different ways. One defines a commute as 30 minutes where as the other defines the commute as 15 miles. I was told that I must follow the thirty minute policy or disciplinary action would be taken against me. Is there anything I can do?

Asked on 6/27/12, 4:11 pm

Antoinette Wooten The Wooten Legal Consulting, PC

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Have you contacted your union representative and ask him/her to speak with Human Resources with regard to the discrepancy yet?

Answered on 6/27/12, 4:58 pm

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