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FLSA Travel Time FAQs

Is time spent traveling on work days, during regular working hours, as a passenger in a car, bus, plane, etc., compensable?

Yes.

Is time spent traveling on work days, outside regular working hours, as a passenger in a car, bus, plane, etc., compensable?

It depends.

When traveling as a passenger in a car, bus, plane, etc., if one does work of any kind during this time, the portion of the time spent doing work is compensable. However, if no work is conducted leaving the employee free to relax, time spent traveling as a passenger in a car, bus, plane, etc., is not compensable.

Is time spent traveling on non-work days, during hours that correspond with regular work hours, as a passenger in a car, bus, plane, etc., compensable?

Yes.

Is time spent traveling on non-work days, during hours that correspond with regular working hours, as a driver compensable?

Yes.

Is time spent traveling on non-work days, outside of hours that correspond with regular working hours, as a driver compensable?

Yes, excluding regular commute time.

Is time spent traveling on non-work days, outside of hours that correspond with regular working hours, as a passenger in a car, bus, plane, etc., compensable?

No, unless some form of work is being conducted while traveling between locations.

Is time spent traveling on weekends compensable?

It depends.

If a regular work day is on a Saturday or Sunday, then on that day, work-related driving, except regular commute time, is compensable. Time spent traveling as a passenger during regular work hours is compensable. On regular work days, time spent traveling as a passenger outside of regular work hours is not compensable, unless it’s during what the Department of Labor describes as “a special one-day assignment in another city”, meaning the totality of the travel and work is completed in one day, or work is conducted during this time, in which case the time spent working is compensable.

On a non-work day, regardless of when it falls during the week, travel time spent as a driver either during or outside of hours that correspond with regular work hours, excluding regular commute time to a worksite, is compensable. However, time spent traveling as a passenger on a non-work day is not compensable, unless it’s during hours that correspond with the employee’s regular work hours, or work is conducted during this time, in which case the time spent working is compensable.

If I’m traveling all day, do regular meal periods get deducted from the compensable time?

Yes. If you are traveling during your regular work hours, or during corresponding work hours on a non-work day, your regular meal period time will be unpaid time.

If I commute to the workplace while I’m traveling, is this compensable time?

No. Your commute from your hotel, etc., to the workplace where you are temporarily working while traveling is the same as your regular commute time, and not compensable. However, if commute time in these circumstances is considerably longer than one’s regular commute time, the time in excess of regular commute time is compensable.

When I drive to the airport/train station/bus station, etc. to begin my travel, does the compensable travel time start when I leave home?

No. Driving to the airport is considered time spent commuting to the workplace, and is not compensable. Compensable travel time would begin when you arrive at the airport.


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