Compensating Employees for Time Spent Traveling

How do you treat payment for employees who are “On the Road Again”?

A basic tenant of employment law provides that an employee is responsible for getting to work, and the employer is not obligated to pay for this commute time to work (unless the employee works during the travel).  That commute or home-to-work travel is not pay time under the FLSA pursuant to the Portal-to-Portal Act.  However, there are times that the employer should pay the employee for travel time.  The question is whether the travel is for the organization’s benefit (trips out of town, to clients, etc.) or for the employee’s benefit (getting to the workplace).  Even if the employee works at different job sites, travel to the site is not compensable, unless the employee must report to a central location and then is sent to a remote job site.

Travel that is part of the regular daily duties of the employee, such as visits to customers, must be counted as work time.  For day trips, any travel to the ultimate location is compensable.  However, travel to an airport or other mass transit terminal is treated as home-to-work travel.  For an overnight stay, all travel during normal working hours, regardless of the day of the week, is compensable.

“The life I love is makin’ music with my friends, and I can’t wait to get on the road again.”  Sorry if you have Willie Nelson in your head now.

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About Andrew (Andy) Wampler

For over a decade, I have provided legal services to businesses and individuals in Northeast Tennessee. I spend time litigating breaches of contract, medical malpractice, and commercial disputes and have worked on a number of transactions. I also advise businesses, working much of my time on healthcare and employment matters.

One response to “Compensating Employees for Time Spent Traveling”

  1. Lotovanje 2012 Grcka says :

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