HR Question: Should I Be Paid For Travel Time?
We get a high volume of basic HR-related questions here at the HR Lawyer's Blog. So many, in fact,
.jpg)
that we are sometimes not able to respond to each and every one of them individually as we would like. So it occurred to us that it might be a good thing to post some of these questions and answer them publicly on the site. Thus we begin the first in what we hope will be a regular series titled "HR Questions."
Today's question involves application of the Fair Labor Standards ("FLSA") to travel time. A reader asks:
My job requires me to drive from home to various work sites all over the state for my job. The company does not provide me with a vehicle to drive so I have to use my own and they only start paying me for my time after I arrive at the work site. Is this legal?
Note: As with many legal answers, the correct answer will vary depending on the particular facts of each case and the law of your particular jurisdiction. Questions involving the FLSA and compensation for types of work or pre- and post-work activity are highly fact sensitive. You SHOULD NOT rely on anything you read on this site or any other website as a definitive answer for your situation. This website is not legal advice. You SHOULD consult with a qualified employment law specialist in your area to get a legal opinion specific to your situation and jurisdiction.
Response: Generally speaking, time spent traveling during normal work hours is considered compensable work time. Time spent in home-to-work travel by an employee in an employer-provided vehicle, or in activities performed by an employee that are incidental to the use of the vehicle for commuting, generally does not have to be paid. This commuting exception 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.
So, a good general rule of thumb is to think of it in terms of commuting. The FLSA does not require an employer to pay you for what would be considered a normal pre-work or after-work commute - even if it is to a different location in town than your normal workplace. However, requiring you to drive to another city or another work site during normal working hours is generally considered to be compensable and must be paid.
Hope this helps.
