Odd Commuting Situation

[harleya]

I was recently hired as a bureau reporter in Colorado. The main office is located Colorado Springs, and the bureau office is 40 minutes away in Pueblo.

I was told I would have to live in Pueblo to accept the job. My employer assured me I would spend most of my time working there.

It's now into my fourth month on the job, and I have commuted to and from Colorado Springs every day. For the first month, I drove my personal vehicle and was compensated for mileage. It was extravagantly expensive, so I was given a company car and a gas card instead.

Even though I have yet to work in Pueblo, I believe that would be considered my "main worksite." So, would my commuting every day be kind of like a special assignment? If so, should I be including that in my hourly wages?

I've done some research, but I can't find anyone with a similar problem. "I was forced to live in a smaller city, under the impression that I'd be working there. Instead, I'm required to spend 80 minutes commuting to a larger city, one of I would have chosen to live in if I had the choice."

 

[cbg]

Barring a legally binding and enforceable contract that expressly says otherwise, your commuting time and costs are never considered compensable time. That's black letter law from the Portal to Portal Act of 1947.

I suppose an argument could be made that this is travel time in which case, if you are non-exempt, it *might*, be compensable depending on exact circumstances. But it's in no way, shape or form going to be a slam dunk.

BTW, my regular commute, every day, five days a week, is 2 hours and five minutes each way. Four hours and ten minutes a day. And until a year ago, my commute wasn't the longest one even just in my office suite. Regions vary, but around here a 40 minute each way commute is considered short to average. Granted, mine is considered long even here. But 40 minutes each way wouldn't raise an eyebrow here.

When you asked your employer about this, what did they say?

 

[FlyingRon]

Downtown-to-downtown is only about 43 miles. The IRS isn't going to consider even a temporary assignment at that distance to be deductible travel.

 

[davew128]

The only occupation where commuting would be deductible is for state legislators and even THEN it has to be a case of living more than 50 miles from the state capitol when the legislature is in session.

 

[Silverplum]

Have faith: something newsworthy will happen in Pueblo someday.

 

[maneki]

Have faith: something newsworthy will happen in Pueblo someday.

LOL Don't count on that. I live there, nothing ever happens here. Nothing.