Tracking Work Hours: Travel Time Edition

Counting work hours while travelling is a complex topic, with rules varying depending on the type of travel and the employment status of the individual. In the US, the Fair Labor Standards Act (FLSA) outlines the requirements for compensable time, with further guidance provided by the Department of Labor. Generally, time spent travelling during normal work hours is considered compensable work time, while normal home-to-work travel is not. However, there are exceptions to this rule, such as when an employee is required to travel as a passenger on a one-day assignment in another city, in which case the travel time is considered work time. Additionally, time spent performing work-related tasks while travelling, such as driving a loaded truck, is considered compensable work time. Understanding the nuances of counting work hours while travelling is essential for ensuring compliance with labour regulations and adequately compensating employees for their time.

Travel within the normal work day

The rules on whether travel time is considered work time depend on the region's labor laws and whether an employee is covered by or exempt from the Fair Labor Standards Act (FLSA).

In the United States, time spent traveling during normal work hours is generally considered compensable work time. This means that employees must be paid for travel time as if it were regular work hours. However, this does not include normal home-to-work travel or travel within the normal commuting area for the employer's business. If an employee uses an employer-provided vehicle for their commute or engages in activities incidental to the use of the vehicle for commuting, this time is also not considered "hours worked" and does not need to be paid.

For FLSA-exempt employees in the US, the crediting of travel time as work hours is governed by specific regulations, such as those mentioned in Title 5 rules. On the other hand, for FLSA-covered employees, travel time is credited as work hours if it qualifies as such under either the Title 5 rules or the FLSA regulations.

In the United Kingdom, the Working Time Regulations 1998 state that time spent traveling to and from work is not considered working time for those with a fixed place of work. However, travel during the working day for business purposes, such as traveling from one work site to another or going on a business trip to meet clients, should be counted as working time and paid accordingly. Additionally, a ruling by the European Court of Justice in 2015 set a precedent for mobile workers without a fixed place of work, stating that their time spent traveling to clients from home at the start and end of the day should be counted as working time.

Travel outside of normal working hours

When it comes to travel outside of normal working hours, there are a few key points to consider. Firstly, it's important to distinguish between employees with a fixed place of work and those with no fixed workplace, often referred to as "peripatetic workers".

For employees with a fixed place of work, such as an office they go to every day, their regular travel time to and from work is generally not considered working time. This type of commuting time is usually not included in working hours, even if the employee performs work-related tasks during their commute, such as making work phone calls or reviewing documents.

On the other hand, for peripatetic workers, such as tradespeople, teachers working at multiple schools, or travelling salespeople, the situation is different. For these workers, travel between home and work is often considered working time. This is because, during their commute, they are considered to be at their employer's disposal and can be given additional tasks or changes to their schedule.

Additionally, when it comes to travel outside of normal working hours, it's important to note that this time is generally not considered working time, unless it is requested or assigned by the employer. This means that if an employee chooses to travel for work-related purposes outside of their regular hours, it may not count as working time.

However, it's worth noting that there may be exceptions to these rules, and the specifics can vary depending on the country and local regulations. It's always a good idea to refer to employment contracts, union guidelines, and legal advice for a comprehensive understanding of how to count work hours when travelling outside of normal working hours.

Travel that constitutes work

The Fair Labor Standards Act (FLSA) provides general information on what constitutes compensable time. The Act requires that employees receive at least the minimum wage and may not be employed for more than 40 hours a week without receiving overtime pay. The workday may be longer than the employee's scheduled shift, and the workweek includes all time during which an employee is necessarily required to be on the employer's premises, on duty, or at a prescribed workplace.

The time spent travelling during normal work hours is considered compensable work time. This means that if an employee is travelling for work during their regular workday, this time should be counted as hours worked.

For example, an employee who travels from their home for a special one-day assignment in another city and returns home the same day. The time spent travelling to and from the other city is work time, and the employer must compensate the employee for this travel time. However, the employer may deduct the time the employee would usually spend commuting to their regular workplace.

Time spent by an employee in travel as part of their principal activity, such as travelling from job site to job site during the workday, is also considered work time and must be counted as hours worked.

Travel that requires an employee to stay away from their home community overnight is clearly work time when it cuts across the employee's workday. This includes both regular working days and corresponding hours on non-working days. However, the Division will not consider time spent as a passenger outside of regular working hours as work time.

In some jobs, travel is an essential part of the job, and the employee must be able to travel to be qualified for their position. In other cases, travel may not be necessary, but it can still be a requirement imposed by the employer. When an employer requires on-the-job travel, they are responsible for providing accommodations, such as alternative methods of transportation, unless they can demonstrate that doing so would pose an undue hardship.

For employees with disabilities, employers must consider providing accommodations for work-related travel. For example, purchasing two seats side by side for an employee with obesity or providing alternative transportation for a social worker who cannot drive due to a medical condition. Employers must provide these accommodations unless they pose an undue hardship.

Travel that is not work

When it comes to counting work hours, it's important to distinguish between travel that is considered work and travel that is not. Here are some detailed guidelines regarding "Travel that is not work":

Home-to-Work Travel

An employee commuting from home before the regular workday and returning home at the end of the workday is engaged in ordinary home-to-work travel, which is not considered work time. This type of travel is typically not compensated as it falls outside the boundaries of the workday. However, if an employee chooses to perform work-related activities at home before commuting, the time spent on those activities is considered compensable, but the commute itself remains unpaid.

Commuting to Different Work Sites

Even if an employee reports to different work sites each day, their home-to-work commute is still considered ordinary and non-compensable. The commute regulation specifies that travel from home before the regular workday, regardless of the number of work sites visited, is part of ordinary home-to-work travel.

Length of Commute

The definition of "normal" or "ordinary" travel does not refer to an objective standard of commute length. Instead, it is subjective and defined by what is usual within a particular employment relationship. Thus, even if an employee commutes to various cities or for extended periods, this does not automatically render the commute compensable.

Travel Away from Home Community

When an employee's travel involves an overnight stay away from home, a more nuanced analysis is required. Travel time during the employee's "normal working hours" is considered work time, regardless of whether it occurs on regular working days or non-working days. However, travel time outside of "normal working hours" is generally not counted as work time, regardless of the day of the week.

Travel from Hotel to Worksite

Once an employee arrives in the community "away from home" for a business trip involving an overnight stay, travel from the hotel to the worksite and back is considered ordinary home-to-work travel and is not counted as work time. Time spent at the hotel is generally not considered work time unless the employee performs specific work-related duties there.

Travel Across Time Zones

When an employee travels across time zones, a reasonable approach to determining whether the travel falls within "normal working hours" is to use the time zone associated with the point of departure for each leg of the trip. This helps clarify if the travel time overlaps with the employee's typical work hours.

Travel that is incidental to work

When it comes to travel that is incidental to work, there are a few key considerations to keep in mind. Firstly, it's important to understand what constitutes incidental travel. This typically refers to travel that occurs within the scope of an employee's regular workday, such as travelling from one job site to another. This is distinct from ordinary home-to-work travel, which is generally not considered work time.

In the context of the Fair Labor Standards Act (FLSA), time spent on incidental travel is considered compensable work time. This means that employees must be paid for this time, and it contributes to the calculation of overtime hours. However, it's worth noting that this only applies if the travel is within the normal commuting area for the employer's business and if there is an agreement in place between the employer and employee regarding the use of a vehicle for commuting.

Incidental travel expenses can include fees and tips associated with transportation, lodging, and dining. These are usually minor costs, such as gratuities given to hotel staff, drivers, or baggage carriers. They are separate from major expenses like hotel fees and transportation tickets.

The reimbursement of incidental travel expenses is typically governed by company policy. Some companies may provide a business credit card for employees to use when travelling, while others may require employees to pay out of pocket and reimburse them later. It's important for employees to keep detailed records of their expenses and submit them to the company for reimbursement.

Additionally, per diem rates may be set by employers to cover incidental expenses. These rates vary by region and are established by government agencies, such as the General Services Administration in the United States. Per diem rates for meals and incidental expenses can range from $59 to $79 per day, while the standard lodging per diem rate is $96 as of 2023.

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