In the mining industry, commuting to and from the job site often goes unnoticed, yet it plays a crucial role in an employee’s workday and demands attention. A class-action lawsuit against Nevada Gold Mines (NGM) underscores growing concerns over unpaid employee shuttle time, as the company requires employees to use a shuttle to the mine but classifies this time as “off the clock.”
This issue extends beyond a single company or location. While various factors influence whether commuting time qualifies as paid, ensuring proper compensation remains a vital concern across industries. Let’s break down what this means for workers, particularly in industries like mining, and why this case is gaining traction.
The Case at Hand: Nevada Gold Mines
In October 2024, Kyle Wieben and Austin Stockstill, along with other employees at NGM, filed a lawsuit in the U.S. District Court of Nevada. The plaintiffs assert that the company does not pay them for the travel time to and from the mine in Elko, Nevada, even though it forms an essential part of their job assignment. They state that the company shuttle, which requires an hour and 20 minutes each way, remains uncompensated. For employees working long shifts in tough conditions, that’s significant unpaid time.
According to the lawsuit, employees must also clock in for various pre-shift and post-shift activities — such as donning protective gear, gathering equipment, attending “line-out” meetings, and washing up — all of which are essential to perform the work at the mine but are still considered “off the clock.” For some workers, this time can range from 15 to 45 minutes a day, further compounding the issue of unpaid wages.
This prompts a critical question: should employers consider time spent commuting to and from the job site as part of the actual hours worked? Many workers in the mining industry and beyond face similar challenges, with employers denying compensation for travel time or pre/post-shift activities that are central to their work.
Understanding Commuting Time and Compensation
Commuting time, or “home-to-work” travel, has been a point of contention in labor law for years. The Fair Labor Standards Act (FLSA) does not always require employers to compensate employees for commuting time, especially if they travel from home to work in their personal vehicle or during regular working hours. However, when an employer requires employees to take a company vehicle or shuttle, the rules can shift.
In NGM’s case, the company requires employees to take a shuttle, potentially making the time compensable. The plaintiffs argue that because the shuttle ride serves the employer’s business—transporting workers to the job site in a company vehicle—the time should count as part of their workday.
Further, when the time spent commuting is substantial, as in the NGM case, employers may be violating the law by not compensating employees for those travel hours. The FLSA requires employers to pay for travel time, such as on a company shuttle, if it serves as an essential part of the job assignment.
What Does This Mean for Workers?
If you’re a worker spending significant time commuting to your job site, whether by company shuttle, bus, or another means, it’s essential to know your rights. An employment lawyer in Las Vegas can help you recover unpaid wages for commuting time.
In NGM’s case, the plaintiffs argue that workers are being denied compensation for actual hours worked, including overtime.
For industries like mining, where employees are required to spend considerable time traveling to remote sites, this issue is particularly relevant. Employees may assume that time spent on the shuttle is just part of the job, but the law might say otherwise. Workers required to take company vehicles or spend long periods traveling to and from the work site may qualify for compensation.
Employers must pay for time spent receiving instructions, gathering tools, or preparing equipment. These critical activities for performing work at the job site require proper compensation for all work-related time.
When Is Commuting Time Compensable?
Several factors influence whether commuting time is compensable, including the type of job and how employees commute. Here are key points to consider:
Employer’s Business
If an employer requires employees to travel for work using a company vehicle or shuttle, that time may be compensable.
Job Site Location:
In remote industries like mining, where workers often commute long distances to job sites, travel time can become a significant portion of the workday.
Shift Time
Pre-shift and post-shift activities, such as preparing equipment or washing up, generally count as part of the workday.
Company Vehicle or Personal Vehicle
If employees use their personal vehicle to commute, the time is typically not compensable unless the employer requires travel for a specific job-related purpose.
Normal Working Hours
Commuting time is often not compensable during regular working hours, but if the travel takes employees away from their regular duties, it may be.
Legal Options for Affected Workers
Employees who believe their commute time is being unfairly considered “off the clock” can seek legal advice. An employment lawyer in Las Vegas can help workers determine if they are owed compensation for their travel time, pre/post-shift activities, or overtime wages.
In the case of NGM, the plaintiffs are asking for unpaid wages, including overtime, as well as liquidated and statutory damages. If you believe your employer is denying compensation for time spent traveling or performing job duties, an employment lawyer can help review your situation and potentially file a claim.
The Role of Collective Bargaining Agreements
For unionized workers, a collective bargaining agreement (CBA) can influence how commuting time and pre/post-shift activities are compensated. CBAs can provide additional protections for workers, including stipulations on how employers treat travel time. If you are part of a union, it’s essential to understand how your CBA addresses these issues.
Conclusion
Commuting time is more than just a ride to work — it’s part of the overall work you perform and deserves compensation. Whether you’re a truck driver, security guard, or mining employee, understanding your rights regarding hours worked helps ensure fair compensation. Do you believe you’ve been denied compensation for unpaid wages or other essential activities like commute? Seeking legal guidance is a wise first step.
Employers must account for failing to ensure proper compensation for all work hours. When they don’t pay for travel time, pre-shift activities, or post-shift duties, employees deserve to take action. With the right legal support, workers can uphold their rights and receive the compensation they deserve for the hours they actually work.
If you believe your employer is not fairly compensating you for commute time or work-related activities, take action now. Contact Bourassa Law Group today for a consultation with an experienced employment lawyer in Las Vegas. We’ll help you understand your rights and guide you through the process of securing the compensation you deserve.
Reach out now to protect your future.
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