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Abstract
The US Court of Appeals for the Ninth Circuit recently ruled, in Rutti v. Lojack, that the employee's use of a company-owned vehicle does not per se render commuting time compensable under the Fair Labor Standards Act or the California Labor Code. It is the nature of the activities performed by the employee pre- and post-work day that will dictate whether the activities are compensable work hours. The Ninth Circuit, examining the legislative history of the Employee Commuting Flexibility Act (ECFA), found that it was of no moment that the employee preferred to drive his own vehicle; the key fact was whether in his employment agreement, the employee agreed to drive the company vehicle. In addition to exempting commuting time for compensation, the ECFA also provides that an employer need not compensate an employee for activities which are preliminary or postliminary to said principal activity or activities.