Department of Labor Travel Time Compensation
The U.S. Department of Labor (DOL) has specific regulations regarding travel time compensation, primarily under the Fair Labor Standards Act (FLSA). Here's a breakdown of the key points:
General Rule:
Travel during normal work hours is compensable: If an employee travels for work during their regular work hours, even if it's on a weekend or a day they're not typically scheduled, that time is considered work time and must be paid.
Regular commuting and travel outside work hours is not compensable: Time spent traveling to and from work, or traveling for work outside of regular work hours, is generally not considered work time and doesn't need to be paid.
Exceptions and Specific Situations:
Travel as part of work: If an employee is traveling and also performing work duties during that time (e.g., making calls, responding to emails), all travel time is considered work time and must be paid.
Travel between job sites: For employees who travel between different job sites during the workday, the travel time is considered work time and must be paid.
Overnight travel: If an employee travels overnight for work, the time spent traveling during their regular work hours is compensable.
Home-to-work travel in company vehicle: If an employee uses a company vehicle for commuting, and the use of the vehicle is subject to an agreement between the employer and employee, the travel time is generally not compensable.
Key Points to Remember:
State laws may vary: Some states have their own laws regarding travel time compensation, which may be more generous than federal law.
Collective bargaining agreements: Union contracts may also have provisions regarding travel time compensation.
Employer policies: Employers may have their own policies regarding travel time compensation, but these policies cannot conflict with federal or state law.
Additional Resources:
If you have specific questions about your situation, it's best to consult with an employment law attorney or contact your local Wage and Hour Division office for guidance.
