Understanding when travel time is considered work time can be complex. This guide clarifies the rules, particularly focusing on the Fair Labor Standards Act (FLSA) and its implications for various employment scenarios.
The general rule is that ordinary home-to-work travel is not considered work time. This applies whether an employee works at a fixed location or different locations daily. This principle acknowledges that commuting is a normal part of employment and not compensable. However, there are exceptions, especially when travel is integral to the employee’s job duties.
When Travel Becomes Work
Travel that is “all in a day’s work” is considered hours worked and must be paid. This means if travel is a necessary part of an employee’s job, the time spent traveling is compensable.
Example: A home healthcare aide drives a client to appointments or errands during their workday. This travel time is considered work time and must be paid.
Travel Away From Home
When travel takes an employee away from their home, especially during their regular working hours, it’s typically considered work time. The employee is essentially substituting travel for other job duties. If an employee accompanies a client on travel away from home, they must be paid for all travel time during their regular working hours. The Wage and Hour Division (WHD) has specific enforcement policies regarding travel outside regular working hours. Generally, time spent as a passenger on public transportation outside regular working hours is not considered work time if the employee is relieved of all duties. However, the employee must be paid for all hours spent working or “engaged to wait” while traveling.
Example: A personal attendant accompanies a client on a trip. The flight time outside the attendant’s regular working hours is generally not compensable if the attendant is completely relieved of duty. However, if the attendant is required to provide assistance during the flight, that time is considered work time.
Third-Party Employers and Travel Time
For direct care workers employed by a third-party employer, the rules are slightly different. Travel from home to the first job site and from the last job site back home is generally not compensable. However, travel between job sites during the workday (e.g., traveling between different clients) is compensable hours worked. The third-party employer is responsible for paying for this travel time. This is crucial for ensuring compliance with labor laws. Employers need to track and compensate employees for travel time between clients.
Key Takeaways
- Ordinary Commuting: Travel from home to work and back is generally not paid.
- Travel as Part of the Job: Travel that is an integral part of the job duties is paid.
- Travel Away From Home: Travel during regular working hours is paid; outside those hours, it depends on whether the employee is working.
- Third-Party Employers: Travel between job sites during the workday must be paid.
Understanding these distinctions is crucial for both employers and employees to ensure compliance with labor laws and fair compensation practices. Accurate record-keeping of travel time is essential for compliance and avoiding potential legal issues. By understanding these guidelines, employers can create transparent and fair compensation policies for their employees.
