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Essay / Travel Time Essay - 991
In Sunshine Mining Co. v. Carver (1941), the court states that during this period, the employee is under the control, direction and supervision of the employer, therefore he should be paid for it. The employee voluntarily offers himself to the employer at a specific moment. The employer decides the place of work and the distance to this destination can be short or long. Therefore, this travel time between the gate and the workplace must be considered as working time. Another argument is that employers are active during travel time. In Tennessee Coal, Iron & R. Co. v. Muscoda Local No. 123, 135 F.2d 320 (1943), the court held that employers "required mental and physical exertion from employees under conditions that were both dangerous and unhealthy" during the work period. travel time. Since workers provide services to the employer, the employer should pay the worker for their time. Next, the court finds that the employees were on their working time because work begins when the employee reaches the entrance to their workplace. As the Supreme Court said in Bountiful Brick Company et al. c. Giles, 276 US 154 (1402) "as a general rule, employment may be said to begin when the employee reaches the entrance to the employer's premises where the work is to be performed.