We have an hourly employee who used to drive to work, but has just had his license suspended. He wants to keep working for us, but he doesn’t live near public transportation. If we arrange transportation to and from work for him, can we charge him?

HR Comply Response:

The following material was found in HR Comply by performing the search – “transportation furnished employees”

Employers can take credit toward the minimum wage for the reasonable cost of room, board, and "other facilities" customarily furnished to employees. "Other facilities" must be something like board or lodging. The following items fit the meaning of the term:

1) Meals furnished at company restaurants or cafeterias or by hospitals, hotels, or restaurants to their employees;

2) Meals, dormitory rooms, and tuition furnished by a college to its student employees;

3) Housing furnished for dwelling purposes;

4) General merchandise furnished at company stores and commissaries (including articles of food, clothing, and household effects);

5) Fuel (including coal, kerosene, firewood, and lumber slabs), electricity, water, and gas furnished for the noncommercial personal use of the employee;

6) Transportation furnished employees between their homes and work where the travel time does not constitute "hours worked" and the transportation is not required and necessary for the employment.

Our responses come from the HR Comply Employment Libraries or Professional Series and are not offered for the purpose of providing any particular legal advice in any form or manner.

All material is copyrighted.

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