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Great question — this gets into “travel time” vs. “work time” in Canadian and U.S. employment law. The short answer is: in many cases, an employer can designate the paid start time as being at the job site — but there are important caveats depending on jurisdiction, the nature of the travel, and employment standards.
1. General Principle (Canada & U.S.)
Commuting time (home to first worksite, and final worksite back home) is usually not considered paid time, unless employees are required to transport company equipment, tools, or other materials as part of their job.
Work time begins when the employee starts their principal activities — e.g., performing work tasks, loading materials, or traveling between job sites after the start of the day.
So if employees drive directly from home to a job site, the clock generally starts when they arrive.
2. Situation: Stopping at the Warehouse First
If employees must stop at the warehouse before reaching the site (to pick up a vehicle, tools, or materials), some legal authorities may view this as work time, because:
They are performing a duty required by the employer.
Their commute is effectively extended by a work obligation.
Canada
Employment Standards (provincial/territorial): Most provinces (e.g., BC, Ontario, Alberta) consider required travel between work locations as paid.
If stopping at the warehouse is mandatory, time from warehouse departure to the job site is clearly work time.
Whether the drive from home to warehouse is paid depends — often it’s considered commuting, unless the stop adds significant duties (loading, preparing, paperwork).
U.S. (Fair Labor Standards Act – FLSA)
Portal-to-Portal Act: Ordinary commute from home to the first work location is unpaid.
However, if the employee must stop at a designated location (warehouse) to get a company vehicle, that may convert the warehouse-to-jobsite portion into paid work.
The home-to-warehouse commute would still usually be unpaid unless they’re performing integral work duties (e.g., required prep tasks).
3. Employer Policy Considerations
You can set the rule that paid time begins at the job site.
However, if employees are required to report to the warehouse first (not optional), it may create a legal expectation to compensate travel from warehouse to job site.
If employees voluntarily decline a take-home vehicle and instead drive to the warehouse, the employer is in a stronger position to define “paid time” as starting at the job site — because the warehouse stop was based on employee choice, not requirement.
4. Risk Factors
Grievances/complaints: Employees may file claims under provincial Employment Standards (Canada) or FLSA/state law (U.S.) if they feel required stops are unpaid.
Collective agreements (if unionized): Often specify when pay begins.
Fairness and retention: Even if lawful, setting unpaid warehouse stops may cause dissatisfaction if employees feel they’re doing work-related travel off the clock.
5. Best Practices
-Put the policy in writing, making clear:
-Paid time begins at the job site.
-If employees opt not to take vehicles home, their commute to the warehouse is their responsibility.
-Only travel between worksites after arrival is considered work time.
-Consider whether requiring a warehouse stop creates additional “work” (loading, vehicle checks) — in which case, pay should arguably start there.
-Review provincial/state standards to ensure compliance.
Summary:
Yes, you can generally set work time to begin at the job site. But if you require employees to stop at the warehouse, you may need to pay for warehouse-to-jobsite travel. If employees decline the option of taking a vehicle home, and the warehouse stop is voluntary, you are on firmer ground setting the start time at the job site.
-HRInsider Staff