Overview
This topic provides an overview of state and federal laws regarding when travel time is compensable work time. When travel time is compensable work time, an employer must pay non-exempt employees at least the applicable minimum wage for all hours spent traveling and include travel time hours when determining whether the employee is owed overtime pay for working more than 40 hours per week (and 8 hours per day in states which require daily overtime). In states that have their own law, make sure to still carefully review federal law. Provisions within the federal Fair Labor Standards Act will apply when the state law is silent on the provision or if the provision is less stringent under state law. Please seek the advice of experienced employment counsel for any questions about potential conflicts in state and federal law.
Questions Answered
- Is an employer required to pay an employee for normal commuting time?
- Is an employer required to pay an employee for time spent traveling between work sites?
- Is an employer required to pay an employee for time spent traveling to another city for a one-day assignment?
- How is an employer required to pay an employee assigned to travel that requires an overnight stay away from home?
- Is an employer required to pay an employee for time spent traveling for emergency assignments?
- Is an employer required to pay an employee for time spent performing work while traveling?
- Are there additional requirements concerning travel time?