Under New York wage regulations, time spent traveling as part of an employee's duties is “working time” and must be compensated according to minimum wage and overtime requirements (NY Admin. Code Tit. 12 Sec. 142-2.1).
On call. As a general rule, one's commute to and from work is not compensable work time. However, the state Labor Department makes an exception for employees who wait on call for work. On-call employees are considered to be “working” from the moment they are called. Therefore, their travel to work is considered working time.