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.
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.
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.
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.
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.
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.
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.
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/