Travel Time: Work Hours Or Personal Time?

Whether work travel can be counted as work hours depends on the employment contract and the laws of the country and state where the employee is based. In the United States, the Fair Labor Standards Act (FLSA) states that time spent travelling is compensable, unless it is a normal home-to-work commute, or when travel requires an overnight stay and the time spent travelling as a passenger falls outside of the employee's normal work hours. However, if an employee is required to travel as a passenger on an overnight assignment during hours that correspond to regular working hours, this is considered compensable work time.

Travel within an employee's regular work hours

Whether travel time can be counted as work hours depends on the laws of the country or state in which the employee is based. In the United States, the Fair Labor Standards Act (FLSA) outlines the regulations around work travel.

According to the FLSA, time spent travelling is generally considered compensable, unless it is a normal home-to-work commute or when travel requires an overnight stay and the time spent travelling as a passenger falls outside of the employee's normal work hours. If an employee is travelling to a different worksite during the workday, this time is considered work time and must be paid.

For employees who are required to travel for a one-day assignment in another city, all travel time to and from the destination—less the time the employee would have spent commuting to their regular work site—is counted as time worked and must be paid.

If an employee is travelling away from home and their travel requires an overnight stay, any time spent travelling as a passenger that falls within their normal work hours is compensable, regardless of the day of the week. Time spent travelling to an airport or train station is considered commute time and is not treated as work hours. However, the time spent waiting at the terminal until arrival at the destination is compensable when it falls during normal work hours.

For example, if an employee normally works from 8:30 a.m. to 5 p.m. Monday through Friday and is required to travel by plane on a Sunday for business in another state, their travel time on Sunday between 8:30 a.m. and 5 p.m. is compensable. If they arrive at the airport at 3 p.m. and their destination at 8 p.m., the employer must pay them for the hours between 3 p.m. and 5 p.m.

If an employee is driving themselves or others at the direction of the employer, all driving time is compensable, regardless of the employee's normal work hours.

Travel outside of regular work hours

The rules on what kinds of travel time are (and are not) compensable for non-exempt employees are complex and vary across different countries and states. Generally, time spent travelling is compensable, unless it is a normal home-to-work commute or when travel requires an overnight stay and the time spent travelling as a passenger falls outside of the employee's normal work hours.

For example, if an employee normally works Monday through Friday, 8:30 a.m. to 5 p.m., and they are required to travel by plane on a Sunday for business in another state, their travel time on Sunday between 8:30 a.m. and 5 p.m. is compensable. However, if they arrive at the airport on Sunday at 3 p.m. and their destination at 8 p.m., the employer is required to pay them only from 3 p.m. to 5 p.m., the hours that correspond with their normally scheduled work hours.

When it comes to driving, if an employee is travelling to an overnight stay and has the option to use public transportation but chooses to drive their own vehicle instead, the employer can choose to pay for all the time spent travelling or only the travel time that occurs during normal work hours, regardless of what day of the week the employee travels. If an employee volunteers to drive others in their vehicle to the overnight stay, their time could be unpaid for those travel hours outside of normal work hours. Conversely, if an employee is required to drive themselves or others, all driving time is compensable.

Additionally, time spent in home-to-work travel by an employee in an employer-provided vehicle or in activities incidental to the use of the vehicle for commuting is generally not considered "hours worked" and does not need to be paid. This provision applies only if the travel is within the normal commuting area for the employer's business and the use of the vehicle is subject to an agreement between the employer and the employee or the employee's representative.

In the United States, the Fair Labor Standards Act (FLSA) regulations require employers to pay for travel time in some circumstances. Time spent travelling during normal work hours is considered compensable work time. This includes travel to different worksites during the workday and travel to a different city, returning the same day.

For exempt employees, who generally receive a salary intended to compensate them for all working time, travel time is often included in their compensation. However, for non-exempt employees, the rules are more complex, and they are typically only paid for the specific hours that the law deems compensable.

In conclusion, when it comes to travel outside of regular work hours, there are a variety of factors that determine whether or not it is compensable. These factors include the mode of transportation, the purpose of the travel, the presence of any work performed during travel, and the specific regulations in the employee's country, state, or region.

Driving at the direction of the employer

For example, if an employee is required to drive to a different city for work but returns home the same day, all the time spent driving during the day is considered compensable. However, an employer may deduct the time the employee would have spent commuting to their regular work location.

It's important to note that if an employee has the option to use public transportation or travel as a passenger in another vehicle but chooses to drive their own vehicle instead, the employer has a couple of options. They can choose to pay for all the time spent traveling, or they can choose to pay only the travel time that occurs during what would be considered the employee's normal work hours. This is regardless of what day of the week the employee travels.

Additionally, if an employee volunteers to drive others in their vehicle to an overnight stay, the employer may choose not to pay for those travel hours that fall outside of the employee's normal work hours.

The Fair Labor Standards Act (FLSA) provides guidance on when employees must be compensated for travel time. While commute time to and from work is generally not considered compensable, travel during the workday is typically considered part of an employee's work hours. This includes travel to different worksites during the day and travel to a different city and back in one day.

The Portal-to-Portal Act, an amendment to the FLSA, helps clarify the legal definition of a "compensable workday" and ensures that employees are paid for all time spent working, including travel time.

Travel to different work sites during the workday

Travelling to different work sites during the workday is generally considered work time and must be compensated. This is especially relevant for mobile workers or those who travel for business. For instance, if a home care provider travels directly from their home to a client site, or a sales representative moves between appointments, this travel time is typically counted as working hours and therefore compensated.

The approach to calculating pay for travel time can differ between businesses. Some employers might pay travel time at the normal hourly rate, while others might offer a specific travel time rate, which could differ from the standard rate. It is crucial for these details to be explicitly stated in employment contracts and clearly communicated in company policies to avoid misunderstandings.

In the UK, travel to the first and last appointments of the day is usually considered working time. This ruling, as clarified by the European Court of Justice in 2015, acknowledges that such travel is an integral part of the job for workers without a fixed workplace, such as field service engineers, sales representatives, or home care staff.

In the US, the Fair Labor Standards Act (FLSA) regulations require employers to pay for travel time in some circumstances. Time spent travelling to and from different work sites during the day is work time and must be paid. This includes driving oneself or others at the direction of the employer. However, normal home-to-work commute time is not treated as hours worked under the FLSA.

Additionally, when travel requires an overnight stay, any time travelling as a passenger within an employee's normal work hours is compensable, regardless of the day of the week. Time spent travelling to an airport or train station is considered commute time and is not treated as hours worked, but the time spent waiting at the terminal until arrival at the destination is compensable when it falls during normal work hours.

Travel away from home

If an employee is travelling as a passenger, time spent travelling to an airport terminal or train station is considered commute time and is not treated as hours worked. However, time spent waiting at the terminal until arrival at the destination is compensable when it falls during normal work hours.

If an employee is driving themselves or others at the direction of the employer, all driving time is compensable work time, regardless of the employee's normal work hours.

If an employee is travelling away from home and is completely relieved of their duties, this time is not considered compensable. For example, if an employee normally works from 8:00 am to 4:00 pm, and they accompany their client on a flight from 6:00 pm, this travel time is not considered compensable as it is outside of their regular working hours. However, if they are required to provide assistance or be available to help as needed, they must be compensated for this time.

In the United States, the Fair Labor Standards Act (FLSA) outlines that non-exempt employees must be compensated for travel time, whereas exempt employees receive a fixed salary regardless of their travel time.

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