Can Travel Time Be Considered Overtime Under FLSA?

Travel time can be considered overtime under the Fair Labor Standards Act (FLSA) if it meets certain criteria. TRAVELS.EDU.VN provides expert insights into navigating the complexities of labor laws and ensuring compliance. By understanding these regulations, businesses can avoid costly penalties and maintain fair labor practices. Let’s explore when travel hours count towards overtime, mitigating potential issues, and ensuring appropriate compensation for your employees while adhering to wage and hour laws.

1. Understanding the Fair Labor Standards Act (FLSA) and Overtime

The Fair Labor Standards Act (FLSA) is a federal law that establishes minimum wage, overtime pay, recordkeeping, and child labor standards affecting full-time and part-time workers in the private sector and in federal, state, and local governments. Overtime pay is a critical component of the FLSA, requiring employers to pay non-exempt employees one and one-half times their regular rate of pay for hours worked over 40 in a workweek.

1.1. Key Provisions of the FLSA

• Minimum Wage: Sets a baseline for hourly pay, ensuring workers receive a fair wage for their labor.
• Overtime Pay: Mandates premium pay for work exceeding 40 hours in a workweek, incentivizing fair labor practices.
• Recordkeeping: Requires employers to maintain accurate records of hours worked and wages paid, promoting transparency and accountability.
• Child Labor Standards: Protects young workers by restricting the types of jobs and hours they can work, safeguarding their well-being and education.

1.2. Determining Overtime Eligibility

To determine overtime eligibility under the FLSA, several factors must be considered. Generally, employees are classified as either exempt or non-exempt. Non-exempt employees are entitled to overtime pay, while exempt employees are not.

Criteria for Non-Exempt Status:

• Hourly Wage: Typically, employees paid on an hourly basis are considered non-exempt.
• Job Duties: The nature of the job tasks performed is crucial. Non-exempt employees usually perform manual, repetitive, or routine tasks.
• Salary Basis Test: If an employee is paid on a salary basis, their job duties must meet specific criteria to be considered exempt.

1.3. Consequences of Non-Compliance with the FLSA

Failure to comply with the FLSA can result in significant penalties for employers.

Potential Penalties:

• Back Wages: Employers may be required to pay back wages to employees for unpaid overtime.
• Liquidated Damages: Courts may award liquidated damages, doubling the amount of unpaid wages.
• Civil Penalties: The Department of Labor can impose civil penalties for willful or repeated violations.
• Criminal Charges: In severe cases, criminal charges may be filed against employers who knowingly violate the FLSA.
• Legal Fees: Employers may incur substantial legal fees defending against FLSA lawsuits.

Understanding and adhering to the FLSA is crucial for avoiding these costly penalties and ensuring fair treatment of employees.

2. Defining Travel Time Under the FLSA

Under the FLSA, travel time is a complex issue with specific rules determining when it is considered hours worked and therefore compensable. The key factor is whether the travel is primarily for the employer’s benefit and control.

2.1. Commuting vs. Work-Related Travel

Distinguishing between commuting and work-related travel is essential for determining compensability.

• Commuting: Ordinary travel from home to work and vice versa is generally not considered hours worked.
• Work-Related Travel: Travel that is part of an employee’s principal activities or is required by the employer during the workday is typically considered hours worked.

2.2. Types of Travel Time That May Be Compensable

Several types of travel time may be compensable under the FLSA.

Compensable Travel Time Examples:

• Travel Between Job Sites: If an employee travels between different job sites during the workday, this time is generally considered hours worked.
• Travel for Special Assignments: When an employee is sent on a special assignment away from their regular worksite, the travel time may be compensable.
• Emergency Call-Backs: If an employee is called back to work for an emergency after their regular workday, the travel time to and from the emergency site is usually considered hours worked.
• Travel During Regular Working Hours: Travel that occurs during an employee’s regular working hours, even on non-working days, is typically compensable.
• Mandatory Training or Meetings: Travel to mandatory training sessions or meetings required by the employer is often considered hours worked.
• Operating a Company Vehicle: Operating a company vehicle to and from work, particularly if carrying tools or equipment, may be compensable.
• Travel that Benefits the Employer: Any travel that primarily benefits the employer and is under their control is likely to be considered hours worked.

2.3. Non-Compensable Travel Time

Certain types of travel time are generally not compensable under the FLSA.

Non-Compensable Travel Time Examples:

• Ordinary Home-to-Work Commute: Regular travel from home to the usual worksite is not considered hours worked.
• Voluntary Travel: Travel that is strictly voluntary and not required by the employer is not compensable.
• Meal Periods: Time spent eating meals during travel is generally not considered hours worked, unless the employee is required to work during the meal period.
• Overnight Travel Outside Regular Hours: Travel that occurs outside an employee’s regular working hours and involves an overnight stay may not be fully compensable.

2.4. Key Factors in Determining Compensability

Several factors influence whether travel time is compensable under the FLSA.

Key Factors:

• Employer Control: The degree of control the employer has over the employee’s travel.
• Benefit to Employer: Whether the travel primarily benefits the employer.
• Mandatory vs. Voluntary: Whether the travel is required or voluntary.
• Regular Working Hours: Whether the travel occurs during the employee’s regular working hours.
• Special Assignments: Whether the travel is for a special assignment away from the employee’s regular worksite.

Understanding these factors is essential for correctly classifying travel time and ensuring compliance with the FLSA.

3. Scenarios Where Travel Time Can Be Considered Overtime

To illustrate how travel time can be considered overtime, let’s examine specific scenarios.

3.1. Traveling Between Job Sites During the Workday

An employee who travels between multiple job sites during the workday is typically entitled to compensation for that travel time.

Scenario:

• Employee: A plumber working for a plumbing company.
• Situation: The plumber is dispatched from the company’s office to a customer’s house to fix a leaky faucet. After completing the job, the plumber is sent to another customer’s house across town to repair a broken pipe.
• Analysis: The time spent traveling between the company’s office and the first customer’s house, as well as the travel time between the two customer locations, is considered hours worked. If the total hours worked, including travel time, exceeds 40 in a workweek, the plumber is entitled to overtime pay for the excess hours.

3.2. Special One-Day Assignments Away From the Regular Worksite

When an employee is required to travel to a special one-day assignment away from their regular worksite, the travel time may be compensable.

Scenario:

• Employee: A marketing manager working for a tech company.
• Situation: The marketing manager is asked to attend a one-day conference in a neighboring city to represent the company.
• Analysis: The travel time to and from the conference is considered hours worked. If the total hours worked, including travel time, exceeds 40 in a workweek, the marketing manager is entitled to overtime pay for the excess hours.

3.3. Emergency Call-Backs After Regular Work Hours

If an employee is called back to work for an emergency after their regular work hours, the travel time to and from the emergency site is usually considered hours worked.

Scenario:

• Employee: A maintenance technician working for an apartment complex.
• Situation: The maintenance technician receives a call in the middle of the night about a burst pipe in one of the apartments.
• Analysis: The time spent traveling to the apartment complex and back home is considered hours worked. If the total hours worked, including travel time, exceeds 40 in a workweek, the maintenance technician is entitled to overtime pay for the excess hours.

3.4. Overnight Travel That Occurs During Regular Working Hours

When an employee is required to travel overnight and the travel occurs during their regular working hours, it is typically considered hours worked.

Scenario:

• Employee: A sales representative working for a manufacturing company.
• Situation: The sales representative is required to travel to a trade show in another state. The travel occurs during the employee’s regular working hours.
• Analysis: The time spent traveling to and from the trade show during the employee’s regular working hours is considered hours worked. If the total hours worked, including travel time, exceeds 40 in a workweek, the sales representative is entitled to overtime pay for the excess hours.

3.5. Mandatory Training or Meetings Requiring Travel

Travel to mandatory training sessions or meetings required by the employer is often considered hours worked.

Scenario:

• Employee: A customer service representative working for a bank.
• Situation: The customer service representative is required to attend a mandatory training session at a conference center located an hour away from the bank.
• Analysis: The time spent traveling to and from the conference center is considered hours worked. If the total hours worked, including travel time, exceeds 40 in a workweek, the customer service representative is entitled to overtime pay for the excess hours.

3.6. Operating a Company Vehicle Requiring Extra Travel

Operating a company vehicle to and from work, particularly if carrying tools or equipment, may be compensable.

Scenario:

• Employee: A construction worker working for a construction company.
• Situation: The construction worker is required to drive a company truck to and from the job site, carrying tools and equipment necessary for the job.
• Analysis: The time spent driving the company truck to and from the job site may be considered hours worked, particularly if it adds significant time to the commute. If the total hours worked, including travel time, exceeds 40 in a workweek, the construction worker is entitled to overtime pay for the excess hours.

3.7. Travel Delayed by Circumstances Beyond the Employee’s Control

Travel delays due to circumstances beyond the employee’s control are also compensable.

Scenario:

• Employee: A project manager for a construction company.
• Situation: The employee is travelling to the site of the construction project, but the flight is delayed by 6 hours because of bad weather.
• Analysis: Because the time spent at the airport was due to circumstances outside of the employee’s control, they would have to be compensated for the extra hours spent at the airport.

These scenarios illustrate various situations where travel time can be considered hours worked and thus compensable under the FLSA. Employers must carefully analyze each situation to ensure compliance with the law.

4. Practical Examples of Travel Time Overtime Calculation

Understanding how to calculate travel time as overtime is crucial for compliance. Here are some practical examples.

4.1. Calculating Overtime for Travel Between Job Sites

To calculate overtime for travel between job sites, employers must accurately track the time spent traveling.

Example:

• Employee: An electrician works 45 hours in a workweek.
• Regular Rate of Pay: $20 per hour.
• Travel Time: 5 hours spent traveling between job sites.
• Calculation:
  1. Total Hours Worked: 45 hours
  2. Overtime Hours: 45 – 40 = 5 hours
  3. Overtime Rate: $20 x 1.5 = $30 per hour
  4. Overtime Pay: 5 hours x $30 = $150
  5. Total Pay: (40 hours x $20) + $150 = $800 + $150 = $950

4.2. Calculating Overtime for Special One-Day Assignments

Calculating overtime for special one-day assignments involves including travel time in the total hours worked.

Example:

• Employee: A consultant works 42 hours in a workweek.
• Regular Rate of Pay: $30 per hour.
• Travel Time: 4 hours spent traveling to a client site for a one-day assignment.
• Calculation:
  1. Total Hours Worked: 42 hours
  2. Overtime Hours: 42 – 40 = 2 hours
  3. Overtime Rate: $30 x 1.5 = $45 per hour
  4. Overtime Pay: 2 hours x $45 = $90
  5. Total Pay: (40 hours x $30) + $90 = $1200 + $90 = $1290

4.3. Calculating Overtime for Emergency Call-Backs

Calculating overtime for emergency call-backs includes the travel time to and from the emergency site.

Example:

• Employee: A maintenance worker works 43 hours in a workweek.
• Regular Rate of Pay: $25 per hour.
• Travel Time: 3 hours spent traveling to and from an emergency repair.
• Calculation:
  1. Total Hours Worked: 43 hours
  2. Overtime Hours: 43 – 40 = 3 hours
  3. Overtime Rate: $25 x 1.5 = $37.50 per hour
  4. Overtime Pay: 3 hours x $37.50 = $112.50
  5. Total Pay: (40 hours x $25) + $112.50 = $1000 + $112.50 = $1112.50

4.4. Impact of Travel Expenses on Overtime

Travel expenses can impact overtime calculations, especially if they affect the employee’s regular rate of pay.

Example:

• Employee: A field technician works 46 hours in a workweek.
• Regular Rate of Pay: $28 per hour.
• Travel Time: 6 hours spent traveling to various job sites.
• Travel Expenses Reimbursed: $200 for gas and tolls.
• Calculation:
  1. Total Hours Worked: 46 hours
  2. Overtime Hours: 46 – 40 = 6 hours
  3. Overtime Rate: $28 x 1.5 = $42 per hour
  4. Overtime Pay: 6 hours x $42 = $252
  5. Total Pay: (40 hours x $28) + $252 = $1120 + $252 = $1372
  6. Reimbursement for Travel Expenses: $200
  7. Total Compensation: $1372 + $200 = $1572

Understanding these practical examples helps employers accurately calculate and pay overtime, ensuring compliance with the FLSA.

5. Strategies for Managing and Minimizing Travel Time Overtime

Effective management of travel time can help minimize overtime costs. Here are some strategies:

5.1. Optimize Scheduling and Routing

Efficient scheduling and routing can reduce travel time.

Strategies:

• Cluster Job Sites: Group job sites in the same geographic area to minimize travel between locations.
• Use GPS and Navigation Tools: Utilize GPS and navigation apps to find the most efficient routes.
• Plan Ahead: Develop detailed schedules that account for travel time, traffic, and potential delays.
• Consider Telecommuting: Allow employees to work remotely when possible to reduce the need for travel.
• Stagger Start Times: Stagger start times to avoid peak traffic hours.

5.2. Establish Clear Travel Policies

Clear and well-defined travel policies can help manage expectations and ensure compliance.

Policy Elements:

• Define Compensable Travel: Clearly state what types of travel are considered hours worked.
• Specify Reporting Procedures: Outline how employees should report travel time accurately.
• Set Guidelines for Travel Expenses: Provide guidelines for reimbursing travel expenses.
• Communicate Expectations: Communicate travel policies to all employees and ensure they understand the rules.
• Address Specific Scenarios: Include examples of common travel scenarios and how they are handled.

5.3. Utilize Technology for Accurate Time Tracking

Technology can streamline time tracking and ensure accurate records.

Tools and Systems:

• Time Tracking Software: Implement time tracking software that allows employees to log their hours, including travel time.
• Mobile Apps: Use mobile apps that allow employees to track their time and location on the go.
• GPS Tracking: Utilize GPS tracking to monitor employee travel and verify time records.
• Automated Reporting: Generate automated reports to identify potential overtime issues.

5.4. Training Employees and Managers on FLSA Regulations

Training is essential for ensuring everyone understands their responsibilities.

Training Topics:

• Overview of FLSA: Provide a comprehensive overview of the FLSA and its requirements.
• Travel Time Rules: Explain the rules regarding compensable travel time.
• Overtime Calculation: Teach employees and managers how to calculate overtime accurately.
• Recordkeeping Requirements: Emphasize the importance of accurate recordkeeping.
• Policy Compliance: Ensure employees and managers understand and comply with company travel policies.

5.5. Regular Audits and Compliance Checks

Regular audits can help identify and correct potential issues.

Audit Activities:

• Review Time Records: Regularly review employee time records to identify any discrepancies.
• Verify Travel Time Reporting: Verify that travel time is being reported accurately.
• Check Overtime Calculations: Ensure that overtime is being calculated correctly.
• Assess Policy Compliance: Assess whether employees and managers are complying with company travel policies.
• Seek Legal Advice: Consult with legal counsel to ensure ongoing compliance with the FLSA.

By implementing these strategies, employers can effectively manage and minimize travel time overtime, reducing costs and ensuring compliance with the FLSA.

6. Common Misconceptions About Travel Time and Overtime

Several misconceptions exist regarding travel time and overtime under the FLSA.

6.1. “Commuting Time Is Always Non-Compensable”

Misconception: Commuting time is always non-compensable.

Fact: While ordinary home-to-work travel is generally not compensable, there are exceptions. If an employee is required to report to a different location than their usual worksite, the additional travel time may be compensable. Additionally, if an employee is required to perform work during their commute, that time may be considered hours worked.

6.2. “Travel on Non-Working Days Is Never Compensable”

Misconception: Travel on non-working days is never compensable.

Fact: Travel that occurs during an employee’s regular working hours on non-working days is typically compensable. The key factor is whether the travel occurs during the employee’s normal working hours. If so, it is generally considered hours worked.

6.3. “Salaried Employees Are Never Entitled to Overtime for Travel Time”

Misconception: Salaried employees are never entitled to overtime for travel time.

Fact: Salaried employees who are classified as non-exempt are entitled to overtime pay for hours worked over 40 in a workweek, including compensable travel time. The key is whether the employee meets the criteria for non-exempt status under the FLSA.

6.4. “Reimbursing Travel Expenses Eliminates the Need to Pay Overtime”

Misconception: Reimbursing travel expenses eliminates the need to pay overtime.

Fact: Reimbursing travel expenses does not eliminate the requirement to pay overtime for compensable travel time. Travel expenses are separate from wages and do not affect the calculation of overtime pay.

6.5. “Short Trips Are Not Compensable”

Misconception: Short trips are not compensable.

Fact: Even short trips can be compensable if they are part of the employee’s principal activities and are required by the employer. The length of the trip is not the determining factor; rather, it is the nature of the travel and whether it benefits the employer.

6.6. “Employees Can Waive Their Right to Overtime Pay”

Misconception: Employees can waive their right to overtime pay.

Fact: Employees cannot waive their right to overtime pay under the FLSA. The right to overtime pay is protected by law, and any agreement to waive that right is generally unenforceable.

Understanding and debunking these common misconceptions is essential for ensuring compliance with the FLSA and avoiding potential legal issues.

7. Resources and Tools for Ensuring Compliance

Ensuring compliance with the FLSA requires access to reliable resources and tools.

7.1. Department of Labor (DOL) Resources

The Department of Labor (DOL) provides a wealth of information and resources to help employers understand and comply with the FLSA.

Key DOL Resources:

• Wage and Hour Division (WHD): The WHD is responsible for enforcing the FLSA and provides guidance on wage and hour issues.
• FLSA Fact Sheets: The DOL publishes fact sheets that provide detailed information on various aspects of the FLSA, including overtime pay and travel time.
• Regulations and Interpretations: The DOL provides access to the official regulations and interpretations of the FLSA.
• Enforcement Data: The DOL publishes data on FLSA enforcement actions, providing insights into common violations.
• Compliance Assistance: The DOL offers compliance assistance resources, including webinars, seminars, and online tools.

7.2. Legal Counsel and HR Professionals

Seeking advice from legal counsel and HR professionals can provide expert guidance on FLSA compliance.

Benefits of Legal and HR Expertise:

• Accurate Interpretation: Legal counsel can provide accurate interpretation of the FLSA and its application to specific situations.
• Policy Development: HR professionals can help develop and implement travel policies that comply with the FLSA.
• Risk Assessment: Legal and HR professionals can assess potential risks and liabilities related to FLSA compliance.
• Training Programs: HR professionals can develop and deliver training programs on FLSA regulations.
• Dispute Resolution: Legal counsel can assist with resolving disputes related to wage and hour issues.

7.3. Payroll and Time Tracking Software

Utilizing payroll and time tracking software can streamline compliance efforts.

Software Features:

• Automated Calculations: Automated calculations of overtime pay, including travel time.
• Accurate Recordkeeping: Accurate recordkeeping of hours worked and wages paid.
• Compliance Alerts: Alerts for potential compliance issues.
• Reporting Capabilities: Robust reporting capabilities for tracking and analyzing labor costs.
• Integration with HR Systems: Integration with HR systems for seamless data management.

7.4. Industry-Specific Guidance

Industry-specific guidance can provide tailored information on FLSA compliance.

Sources of Industry Guidance:

• Trade Associations: Trade associations often provide resources and guidance on labor law compliance for their members.
• Industry Publications: Industry publications may offer articles and insights on FLSA issues.
• Professional Organizations: Professional organizations may offer training programs and certifications related to labor law compliance.
• Consulting Firms: Consulting firms specializing in labor law can provide customized guidance for specific industries.

7.5. Conducting Internal Audits

Conducting regular internal audits can help identify and correct potential compliance issues.

Audit Steps:

• Review Time Records: Regularly review employee time records to identify any discrepancies.
• Verify Travel Time Reporting: Verify that travel time is being reported accurately.
• Check Overtime Calculations: Ensure that overtime is being calculated correctly.
• Assess Policy Compliance: Assess whether employees and managers are complying with company travel policies.
• Document Findings: Document audit findings and implement corrective actions.

By leveraging these resources and tools, employers can effectively ensure compliance with the FLSA and avoid potential legal issues.

8. Real-World Case Studies

Examining real-world case studies can provide valuable insights into how travel time is treated under the FLSA.

8.1. Case Study 1: Travel Between Job Sites

Company: A plumbing company with multiple service locations.

Issue: The company failed to pay overtime to plumbers who spent significant time traveling between job sites during the workday.

DOL Action: The DOL conducted an investigation and found that the company had violated the FLSA by failing to include travel time in the calculation of hours worked.

Outcome: The company was required to pay back wages to the affected plumbers, as well as penalties for non-compliance.

Lesson Learned: Travel time between job sites is generally considered hours worked and must be included in the calculation of overtime pay.

8.2. Case Study 2: Special One-Day Assignments

Company: A consulting firm that sent employees on special one-day assignments to client locations.

Issue: The company did not compensate employees for the time spent traveling to and from these assignments.

DOL Action: The DOL investigated the company’s practices and determined that the travel time was compensable under the FLSA.

Outcome: The company was ordered to pay back wages to the affected employees, as well as civil penalties for violating the FLSA.

Lesson Learned: Travel time to and from special one-day assignments is generally considered hours worked and must be compensated.

8.3. Case Study 3: Emergency Call-Backs

Company: An apartment complex that did not pay maintenance workers for the time spent traveling to and from emergency repair calls after regular work hours.

Issue: The company argued that the travel time was part of the employees’ commute and was not compensable.

DOL Action: The DOL determined that the travel time to and from emergency call-backs was compensable under the FLSA.

Outcome: The company was required to pay back wages to the maintenance workers, as well as penalties for non-compliance.

Lesson Learned: Travel time to and from emergency call-backs is generally considered hours worked and must be compensated.

8.4. Case Study 4: Mandatory Training

Company: A retail chain that required employees to attend mandatory training sessions at a location away from their regular worksite.

Issue: The company did not compensate employees for the time spent traveling to and from the training sessions.

DOL Action: The DOL investigated the company’s practices and determined that the travel time was compensable under the FLSA.

Outcome: The company was ordered to pay back wages to the affected employees, as well as civil penalties for violating the FLSA.

Lesson Learned: Travel time to and from mandatory training sessions is generally considered hours worked and must be compensated.

These case studies highlight the importance of understanding and complying with the FLSA’s requirements regarding travel time and overtime pay.

9. Practical Tips for Napa Valley Travel Businesses

For businesses in Napa Valley, where travel is a common aspect of many jobs, understanding and managing travel time is especially crucial. Here are some practical tips tailored to the region:

9.1. Wine Tour Operators

Scenario: Employees drive tour buses to different wineries throughout the day.

Tips:

• Track Driving Time: Accurately track the time drivers spend operating the buses between wineries. This time is compensable.
• Include Travel in Scheduling: Factor in travel time when scheduling tours to avoid employees exceeding 40 hours per week.
• Address Delays: Plan for traffic delays, especially during peak tourist seasons. Compensate employees for unexpected delays.

9.2. Hospitality and Hotel Staff

Scenario: Employees are required to travel to different hotel locations or attend off-site meetings.

Tips:

• Compensate for Mandatory Travel: If employees must attend meetings or training at a location other than their usual workplace, compensate them for travel time.
• Document Travel Requirements: Clearly document all mandatory travel requirements in job descriptions and employee handbooks.
• Use Time Tracking Apps: Implement time tracking apps that allow employees to easily log travel time.

9.3. Restaurant and Catering Services

Scenario: Employees travel to different venues for catering events.

Tips:

• Calculate Travel to Events: Include travel time to and from catering events as part of the employee’s work hours.
• Factor in Set-Up and Take-Down Time: Account for the time spent setting up and taking down equipment at the event location, as this is also compensable.
• Monitor Overtime Carefully: Monitor employee hours to ensure they do not exceed 40 hours per week, including travel and event time.

9.4. Agricultural Workers

Scenario: Farmworkers travel between different fields or vineyards during the day.

Tips:

• Compensate for Field Travel: Time spent traveling between different fields or vineyards during the workday is compensable.
• Provide Transportation: If possible, provide transportation to minimize travel time.
• Track Travel Time Accurately: Accurately track the time spent traveling between fields, as this can quickly add up to overtime.

9.5. Transportation Services

Scenario: Employees drive limousines or taxis, transporting clients to various locations.

Tips:

• Track On-Duty Hours: Track all hours the driver is on duty, including waiting time and travel time.
• Follow DOT Regulations: Comply with Department of Transportation (DOT) regulations regarding hours of service.
• Ensure Fair Compensation: Ensure drivers are fairly compensated for all time spent working, including travel and waiting time.

By implementing these practical tips, Napa Valley businesses can effectively manage travel time, reduce overtime costs, and ensure compliance with the FLSA.

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FAQ: Frequently Asked Questions About Travel Time and Overtime

1. Is My Daily Commute From Home to Work Considered Travel Time?

Generally, your regular commute from home to your usual workplace is not considered compensable travel time under the FLSA.

2. If I Have to Travel to a Client Site for a Meeting, Is That Travel Time Compensable?

If the client site is not your regular place of work, the travel time to and from the client site is likely compensable, particularly if the travel occurs during your regular working hours.

3. What If I’m Required to Attend a Training Session in Another City? Is That Travel Time Paid?

Yes, if attendance is mandatory, the travel time to and from the training session is generally considered hours worked and is compensable.

4. Am I Entitled to Overtime Pay If My Travel Time Puts Me Over 40 Hours in a Workweek?

Yes, if your compensable travel time, combined with other work hours, exceeds 40 hours in a workweek, you are entitled to overtime pay at one and one-half times your regular rate of pay.

5. If I’m a Salaried Employee, Does the FLSA Apply to Me?

The FLSA applies to salaried employees unless they meet specific criteria to be classified as exempt. If you are non-exempt, you are entitled to overtime pay.

6. What Should I Do If I Believe My Employer Is Not Paying Me Correctly for Travel Time?

Keep detailed records of your travel time and work hours. Discuss your concerns with your employer, and if the issue is not resolved, contact the Department of Labor’s Wage and Hour Division.

7. How Does the FLSA Define “Hours Worked” When It Comes to Travel?

“Hours worked” includes any time an employee is required to be on duty, at a prescribed workplace, or is engaged in work-related activities, including travel that benefits the employer.

8. Can My Employer Require Me to Travel Without Paying Me for the Time?

Your employer cannot require you to perform work, including compensable travel, without paying you for your time.

9. What Are the Penalties for Employers Who Fail to Comply With Travel Time Regulations?

Employers who fail to comply with travel time regulations may be required to pay back wages, liquidated damages, and civil penalties.

10. Does Compensable Travel Time Include Meal Breaks or Rest Periods?

Meal breaks are generally not considered hours worked, unless you are required to work during your meal period. Short rest periods, however, are typically considered part of your compensable work time.