Pay For Travel Time

Typically, pay for travel time is counted as hours worked for both

minimum wage and overtime computation purposes for

employees who are non-exempt from the Fair Labor Standards Act if

it is all in a day’s work or during which the employee performed

work.

However, whether travel time counts for pay purposes depends upon the kind of travel involved

and when it occurs.

Home to Work

In general, your normal commute from home to work is not considered

work time. As a result, your employer will not have to

compensate you for such travel time. In fact, your employer does not have to pay you for your commute even if

you work at different job sites.

Emergency Home to Work

In an emergency situation, your travel time from home to work is compensable. If you return home

after work and are then called back in to deal with an

emergency, your employer must pay you for that time.

Special One Day Assignment in Another City

Your employer is required to pay you for any time spent traveling to

a seminar, training session or other work assignment that lasts

for a day. Of course, in almost every situation, they are also

required to pay you for the time spent at the seminar, training session or work assignment.

All in a Day’s Work Travel

Time

If part of your work duties includes time spent traveling to accomplish your principal work activity, like traveling from job site to job site, your traveling

time is compensable. For example, if you are required to

report to your

company’s headquarters and then travel to a construction site,

your employer must give you Travel time pay.

Overnight Travel Away From Home

If you are traveling for training or a work assignment either the day before the training or assignment

begins, only the travel that occurs during your normal work day hours is compensable. Even if the day spent traveling is not a

day you would normally work,

like a Sunday, your employer must still pay you for any travel time during your normal work hours.

However, if you travel the same day of the training or assignment, then you must be paid for all the time

spent traveling, no matter when it occurs.

Work Performed While Traveling

Time spent traveling where you are performing work, regardless of when it occurs or if it occurs

during your normal working hours, is compensable under the

Fair Labor Standards Act.

Transportation Choice

If you are traveling outside regular working hours as a passenger on an

airplane, train, boat or in an automobile, then that time is not

compensable under the law. Unfortunately, your employer can even require you to travel this way during a non-compensable time.

For example, your employer can require you to travel by train on a

Sunday to attend training and they are not required to compensate you for this travel time. While it may not

initially seem like you are losing much when your employer fails to

properly

pay you for travel time, it can quickly add up and cost you hundreds or

thousands of dollars each year that you have earned. The issue of

whether you should be paid for travel time is a complicated one, and

can be very difficult to determine without experienced legal help.

Contact us for a free and confidential consultation.

http://prestonbrar.com/pay-for-travel-time/