Overview: Do employers have to pay employees for time they spend travelling? The answer, as with most things involving Fair Labor Standards Act (FLSA) regulations, is: it depends.
Time an employee spends commuting to work in the morning and returning home in the evening normally does not count as hours worked. But if the employee is required to perform work-related duties, such as picking up some important papers on the way to the office, then the rest of the commute suddenly becomes compensable.
Similar complexities come into play with other forms of travel, including special one-day assignments in another location and overnight travel away from home.
Trends: Smart phones and other new technologies make it easier than ever for employees to perform work-related duties during their commutes. HR should closely monitor this possibility to ensure commutes do not become compensable working time.
Author: Michael Cardman, Legal Editor
Updated to reflect forthcoming working time requirements under the Seattle Secure Scheduling Ordinance.
Updated to reflect information on a federal appeals court's ruling that employers have an obligation to exercise 'reasonable diligence' to find out whether their employees are working off the clock.
Updated to refine the scope of coverage to include only breastfeeding break laws that apply to private employers.
California employers seeking to provide employees with an overview of its business travel and reimbursement policy and to help maintain reasonable limits on business expenses should consider including this model poilcy statement in their handbook.
In-depth review of the spectrum of Massachusetts employment law in respect to hours worked.
In-depth review of the spectrum of Minnesota employment law requirements HR must follow with respect to Hours Worked.
In-depth review of the spectrum of Connecticut employment law requirements HR must follow with respect to hours worked.
This Worked Example illustrates how to apply Fair Labor Standards Act (FLSA) rules to determine how many hours are worked by a nonexempt employee who travels out of town on an overnight business trip.
It can be difficult to determine whether an employee must be paid for time spent traveling, whether the travel is for a business trip, a commute to work or to visit customers during the course of the workday. This Legal Insight addresses travel time under the Fair Labor Standards Act (FLSA) in an effort to help employers remain compliant and avoid an employee lawsuit or an investigation from the US Department of Labor (DOL).
HR guidance on complying with the FLSA requirements for employee travel time.