Determine If Travel Time Counts as Hours Worked Under the FLSA
When to Use This Workflow
Use the Determine If Travel Time Counts as Hours Worked Under the FLSA workflow to determine whether the time that a nonexempt employee spends traveling counts as "hours worked" under the Fair Labor Standards Act (FLSA).
If time spent traveling is "hours worked" under the FLSA, an employer must pay nonexempt employees at least the minimum wage for that time, and the hours must be counted toward any applicable overtime threshold.
Failure to pay employees for all hours worked and for overtime can result in FLSA-related penalties, lawsuits or enforcement actions.
- Decide if the employee is commuting from home to work and back
- Decide if the employee performs any work-related duties while commuting
- Decide the type of travel in which the employee is engaged