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Dec23

Travel Time

If you provide an employee with a company truck to work and pay him travel pay to the job site does the employer then have to pay wages back to the shop?

The federal Fair Labor Standards Act (FLSA) establishes compensation regulations affecting employees in the private sector and in Federal, State, and local governments.

Under the FLSA, any time a non-exempt employee is suffered or permitted to work must be compensated.

Commuting time spent traveling to and from work (whether at a fixed location or different worksites) is normally not considered hours worked and is not compensable. This is true even if the employee has a company vehicle.

However, if the employee performs principal activities of their job before or during their commute then the time is compensable. For example, if the employee is required to complete regular administrative tasks before or during their commute then the workday is determined to have officially started and any time thereafter is compensable. Regular administrative tasks may include responding to phone calls, checking/responding to emails, and reviewing the day’s assignments. Activities that are de minimis in nature are not required to be compensated. De minimus activities are those conducted infrequently and take a minimal amount of time to perform, like getting gas.

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

So, if an employee is expected to check in at a reporting location at the start of the day then the time spent commuting to that site is not compensable. But, any time after the employee checks in at the reporting location is considered normal work time and must be paid.

Further, if the employee is required to finish his work duties at a specified location, then time spent traveling to that location and any subsequent time spent performing work duties at the location is compensable.

HTH!

This entry was posted on Friday, December 23rd, 2016 at 7:31 pm and is filed under
Compensation.
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