Should your Job Pay for your Travel Time?

A worker commuting by car for a job-related assignment. Many employees wonder if they should be paid for time spent traveling for work.

If your job won’t pay for travel time, you’re not alone in feeling frustrated and confused. Travel time – the hours you spend traveling as part of your work – often should be compensated under wage laws. Unfortunately, some employers wrongly treat all travel like a personal commute and refuse to pay for it. This can leave workers unpaid for hours they spend on the road for their job, which may be a wage and hour violation. In this article, we’ll explain travel pay laws in clear terms, outline when your employer must pay for travel time, and guide you on what to do if you have unpaid travel time. Our goal is to empower you with knowledge of your rights (with a professional, empathetic touch) so you can ensure you’re getting the pay you deserve.

If you’re facing issues with unpaid travel time, it’s time to take action. The Lore Law Firm is here to support your rights and ensure you get what you deserve. Don’t hesitate to contact us for guidance or call us at (866) 559-0400 to confidentially discuss your situation. Let’s work together to secure your financial future.

Hypothetical Scenario: Compensable Travel Owed (The Case of the Remote Site Visit)

Consider Maria, an hourly-paid field technician for a telecommunications company. Her normal commute to the main office is 30 minutes each way. On Tuesday, her manager assigns her to a special, full-day diagnostic job at a client’s facility in a different city, which is a two-hour drive from her home. Maria drives her personal vehicle to the remote site in the morning and returns home that evening, spending a total of four hours on the road for this one-day assignment. When Maria submits her timesheet, her manager removes the four hours of driving time, stating that company policy is not to pay for “drive time to a worksite.”

Under federal law, this is a clear wage and hour violation. Because this was a special one-day assignment outside of her normal commuting area, the travel time is considered part of her workday. Her employer is legally required to pay her for the travel, minus the time she would have spent on her ordinary commute. Therefore, Maria is legally owed wages for three of the four hours she spent traveling that day (four hours of travel minus her one hour of normal round-trip commute time). Failing to pay her for this time is a form of wage theft.

Alternative Scenario: Non-Compensable Travel (The Ordinary Commute)

However, the situation would be legally different if that client facility two hours away was Maria’s regular, permanent worksite. If she were assigned to report to that same location every day, her daily two-hour drive each way would be considered her ordinary commute. Under the FLSA, employers are not required to pay for an employee’s normal home-to-work travel, no matter how long or arduous the journey is.

Understanding Travel Time vs. Commute Time

A good starting point is to distinguish ordinary commuting from compensable work travel. Your daily commute – driving or taking public transit from home to your regular workplace and back – is generally not considered “work” time under the law. In other words, employers are not required to pay for your routine home-to-work travel, no matter how long the drive or train ride is. The law views commuting as your responsibility, not part of your job duties.

Travel time, on the other hand, refers to time spent traveling during your workday or for work-related assignments beyond your normal commute. Unlike ordinary commutes, travel undertaken for work purposes is usually considered hours worked and must be paid. As the U.S. Department of Labor notes, the key question is “what kind of travel is involved?“. If the travel is part of your job duties or at your employer’s direction, it likely counts as work time. Below, we break down common scenarios of travel and whether they should be paid.

When Must Employers Pay for Travel Time?

Federal law (the Fair Labor Standards Act, or FLSA) and many state laws require employers to pay non-exempt employees for certain types of travel. Non-exempt employees are generally hourly workers (or others entitled to overtime) – we’ll discuss the difference between non-exempt and exempt employees later. For now, assume you are a non-exempt (overtime-eligible) employee. In that case, your employer must compensate you for work-related travel time in a variety of situations. Let’s explore these situations:

● Travel During the Workday (Between Job Sites or Assignments): Travel during the workday between job sites or assignments is generally compensable work time, unless you deviate for personal reasons. For example, driving from one client’s location to another, going from a main office to a job site, or running work errands during the day all count as hours worked. Even if you start your day at the office and then travel to a second location, the travel after you’ve started work is part of your job duties. Employers must pay for this travel time as it is “time spent by an employee in travel as part of their principal activity”. In short, once you’ve clocked in or begun your workday, any traveling you do for work is on the company’s time (not your own).

● One-Day Trips to Another City or Site:If your employer sends you on a one-day assignment to a different city, most of that travel time is compensable, except for the time you normally spend on your regular commute.. The only thing the employer doesn’t have to count is the amount of time you normally would spend commuting. For instance, imagine you usually commute 30 minutes to work, but one day you’re told to drive 2 hours to a special job site out of town. The law says those 2 hours of travel (minus your normal 30-minute commute) are work time that must be paid. This rule prevents employers from labeling a long work trip as just a “commute.” Essentially, special one-day assignments outside your usual area mean you should be paid for the travel time, except for your normal commute portion.

● Overnight Travel (Out-of-Town Trips Requiring an Overnight Stay): Travel that keeps you away from home overnight has its own set of rules. Generally, any travel during your normal working hours counts as paid work time, even if it occurs on weekends or outside your usual workdays. For example, if you normally work 9 a.m. to 5 p.m. on weekdays, and you have to travel out of town on a Sunday from 9 a.m. to 1 p.m., those 4 hours must be paid – because they cut across your 9-to-5 work window. The law treats it as if you were “substituting travel for other duties” during those hours. However, travel outside of your regular work hours might not be paid if you’re simply a passenger on a plane, train, bus, or car. For instance, if you take a 7 p.m. flight for a business trip (and 7 p.m. is outside your normal work schedule) and you just relax as a passenger, that flight time need not be counted as work hours under federal law. But be careful – if you are doing work while traveling (answering emails, preparing reports on the plane, or if you’re required to drive the vehicle), then that time is active work and should be paid regardless of when it occurs. The bottom line: travel for an overnight work trip is paid if it overlaps with your normal workday hours – and anytime you’re actually working during travel, it’s compensable.

● Emergency Call-Outs or Special Circumstances: If you are called back to work for an emergency outside normal hours, your travel from home to the workplace is usually treated the same as a regular commute under the FLSA – meaning it is not compensable. However, time spent traveling between job sites or after reporting to a designated meeting place must be paid. Some employers or states may choose to treat call-back travel as paid time, but Texas and federal law generally do not require it. For example, your boss calls you at 11 p.m. for an urgent job – the time you spend traveling to respond is part of the emergency work and should be paid. Similarly, if your employer requires you to report to a meeting place (like the office or a “yard”) and then go to a job site, the travel from that meeting point to the job site is paid work time. The law specifically says that if you have to report somewhere first (maybe to get instructions or pick up equipment) before heading to the actual work location, the travel from that initial location to the final work site “is part of the day’s work” and must be counted as hours worked. In short, whenever your employer’s requirements dictate your travel, that travel is likely compensable.

● Training, Conferences, and Assignments During the Day: Time spent traveling to a mandatory training session, conference, or meeting during your workday or normal work hours is generally paid. For instance, if you have to attend a seminar across town from 10-11 a.m. (within your normal schedule), your travel to and from the seminar is work time. If such events are outside normal hours or voluntary, different rules may apply, but as a rule of thumb, required work travel during the day is paid time.

These scenarios illustrate a core principle: if travel is part of your job or at your employer’s request, you shouldn’t be doing it on your own dime. Unscrupulous employers sometimes try to misclassify legitimate work travel as “commuting” to avoid paying wages and overtime. For example, an employer might argue that your 3-hour drive to a remote job site is just like driving to the office. That’s not true – as several court cases have affirmed, travel to remote worksites or overnight assignments during normal hours is work time that must be paid. Failing to pay you for those hours is effectively denying you wages you’re owed. In fact, not paying for compensable travel time is a violation of the FLSA and may be considered a form of wage theft.

Exempt vs. Non-Exempt Employees: Does It Affect Travel Pay?

It’s important to understand that wage laws draw a distinction between non-exempt and exempt employees. In simple terms, non-exempt employees are covered by FLSA protections like overtime pay (typically hourly workers or those paid a day-rate, but sometimes salaried folks in non-managerial roles), whereas exempt employees are salaried workers who meet certain criteria (often executives, professionals, or administrative roles) and are not entitled to overtime pay. How does this affect travel time?

For non-exempt (overtime-eligible) employees, all the travel scenarios discussed above apply fully. If you’re non-exempt, any travel time that counts as work must be paid at your regular rate, just like other work hours. And if those travel hours cause you to exceed 40 hours in a week, you’re owed overtime pay (time-and-a-half) for the overtime hours. For example, say you worked 38 hours in the office this week, and then spent 4 hours driving to a client site during what should have been a workday – those 4 hours bring you to 42 hours, so 2 of those hours should be paid at overtime rate.

For exempt employees, the rules are a bit different. Since exempt workers don’t get overtime and are paid a fixed salary regardless of hours, an employer has more leeway to require travel without extra pay. In fact, an employer can legally require an exempt salaried employee to travel on evenings or weekends with no additional compensation, because the salary is supposed to cover all the work required. That said, many good employers do offer comp time or extra pay for heavy travel by exempt employees as a matter of policy or fairness – but it’s not legally mandated. If you’re classified as exempt, check your employer’s policies – since the FLSA does not require extra pay for travel. However, if your job duties and pay structure don’t meet the legal tests for exempt status, you may actually be non-exempt and entitled to travel pay and overtime. In that case, consult an attorney about possible misclassification. Misclassification is another issue, but it’s relevant if an employer tries to label someone “exempt” and refuse travel pay or overtime when that worker is actually entitled to it.

Tip: If you’re not sure whether you’re exempt or non-exempt, ask HR or look at how you’re paid. Generally, if you receive overtime pay or an hourly wage or day-rate, you’re non-exempt. If you’re salaried with no overtime (and especially if you hold a professional or managerial title), you might be exempt. Non-exempt workers have the clear legal right to travel time compensation under the FLSA, whereas exempt workers rely on company policy for any extra pay for travel.

Unpaid Travel Time Is a Wage and Hour Violation

When your employer doesn’t pay you for travel time that you are legally owed, it is not just unfair – it’s likely an FLSA violation (and possibly a breach of state labor laws too). The FLSA and related regulations define what counts as “hours worked,” and compensable travel time is part of that. Therefore, if you’re a non-exempt worker traveling for work and your boss refuses to count those hours, they may be committing a form of wage theft. Wage theft is a broad term for when employers don’t pay workers what is due – whether by not paying minimum wage, not paying overtime, asking people to work off the clock, or not paying for all hours worked. Not paying for required travel time falls under this category, since you have “worked” those hours by traveling under the company’s direction.

Unpaid travel time can also affect your overtime. Imagine you worked 40 hours in the office and also had 5 hours of compensable travel in the same week. Those 5 hours should have been paid – with 5 hours of that week at your overtime rate. If the employer ignores the travel time, you lose not only regular wages but also proper overtime pay. Over weeks or months, this adds up significantly. In some cases, groups of employees have banded together to sue for unpaid travel time and recovered millions in back pay. Courts have repeatedly sided with employees in such cases, recognizing that travel mandated by the employer is work time. For instance, a recent federal court ruling confirmed that workers who traveled to remote job sites and stayed overnight had to be paid for their travel during normal hours – the company’s failure to do so was a violation of the FLSA.

If you suspect that your unpaid travel time is illegal, you’re essentially looking at a potential wage and hour claim. Employers found liable for this can be made to pay the back wages owed, plus potentially liquidated damages (which can double the amount owed) and attorneys’ fees. Intentional violations can even lead to civil penalties. In short, it’s serious business – and workers have every right to demand the pay they earned on the road.

It’s worth noting that state laws might provide even stronger protection. The FLSA sets the federal baseline, but some states have their own wage and hour laws that may cover additional scenarios or impose stricter requirements. For example, a few states require paying for certain commute situations (like if you’re required to use employer-provided transport) or have special rules for particular industries. You will always be entitled to the law that is most favorable to you – either federal or state. Employers must follow whichever law (state or federal) gives workers the greater right or benefit. This means if your state law says a certain travel time must be paid, your employer can’t ignore that just because federal law might be looser. Always check if your state’s labor department has guidance on travel time, especially if you suspect an issue.

What to Do If Your Employer Won’t Pay for Travel Time

Facing a situation where your employer refuses to pay for your travel hours can be stressful. Here are some practical steps to protect yourself and resolve the issue:

Document All Your Travel Time and Work Hours. Start by keeping a detailed record of your work-related travel. Write down dates, departure and arrival times, destinations, and purpose of the trip (e.g., “Traveled from main office to Project Site B, 1:00-2:00 PM”). Also note any work you performed during travel (calls, emails) and any expenses (though reimbursement is separate from pay, it’s good to log everything). Having a log of your travel time and comparing it to your pay stubs will help show any discrepancies. This record is crucial evidence in a wage claim, and it refreshes your memory later on. If you notice that a certain trip or driving time never made it onto your paycheck, you’ve got it documented.
Check Your Employee Handbook or Policy. See if your company has a written policy on travel time pay. Some employers spell out how they handle travel; for example, they might pay a different rate for travel hours or only count travel after a certain distance. While company policy cannot override the law, it can clarify what the employer claims to pay. If their policy promises to pay certain travel time and they aren’t following it, that’s another issue you can raise. If there’s no policy, default to the legal rules discussed above.
Raise the Issue Internally (If Safe to Do So). If you feel comfortable, bring up the unpaid travel time with a supervisor or HR. Sometimes, lack of payment for travel is due to a misunderstanding or payroll error rather than malice. You could say: “I noticed I wasn’t paid for the hours I spent traveling to the client site last week. According to what I know, that time should count as work hours. Could we look into this?” Staying professional and factual is key. This at least flags the issue. In some cases, employers correct the error once it’s brought to their attention, especially if they realize you know your rights. Tip: Do this in writing (email, for example) so there’s a record of your inquiry.
Contact an Employment Law Attorney or the Department of Labor. If internal discussions don’t resolve the problem – or if you fear retaliation for speaking up – get outside guidance. An experienced wage and hour attorney can evaluate your situation and confirm whether you’re being denied travel pay unfairly. Many employment lawyers offer free consultations or work on a contingency basis, which means you don’t pay unless they recover money for you. This makes it easier for workers to get legal help without upfront costs. An attorney can also advise on the best course: sometimes a letter from a lawyer to your employer can prompt quick payment. Other times, filing a claim with the U.S. Department of Labor (Wage and Hour Division) or a state labor agency is appropriate. There are deadlines (statutes of limitation) for wage claims – often 2 or 3 years – so don’t delay in seeking advice. Speaking with an attorney not only protects your rights, it also signals to your employer that you’re serious about getting the wages you earned.
Keep Track of Retaliation (if any). It is illegal for an employer to retaliate against you for complaining about wage issues. Retaliation can include demotion, cutting hours, harassment, or firing. If you suspect any negative treatment after you’ve raised the pay issue, document that too and inform your lawyer or the DOL. There are strong protections for whistleblowers and workers asserting their pay rights.

Remember, you have a right to be paid for all hours you work. Travel time might not seem like “work” in the traditional sense of being at your desk or on the job site, but if you’re on the road because of your job, the law is clear that your time is valuable. Don’t let anyone tell you “that’s just how the industry is” or “we’ve never paid for drive time.” If the law says it’s work time, then it’s work time – and you’re entitled to your wages for it. An empathetic employment lawyer will understand your frustration and can help you navigate the process of recovering any unpaid travel wages.

Frequently Asked Questions (FAQ)

Do employers have to pay for travel time?

Yes, in many cases. Employers must pay non-exempt employees for travel time that counts as work hours under the law. Normal commuting (home to work) generally does not have to be paid. However, travel during the workday, travel for a one-day out-of-town assignment, and travel as part of an overnight trip (during normal work hours) do have to be paid. Essentially, if you are traveling at your employer’s request or for work purposes, that time is usually considered hours worked and should be compensated. If an employer fails to pay for that time, it may violate the FLSA or state labor laws.

What is the law on unpaid travel time?

Under the Fair Labor Standards Act (FLSA) – the federal wage law – the requirement to pay for travel time depends on the type of travel. The law (and its regulations) clearly state that ordinary commuting is not paid, but work-related travel is. For example, 29 C.F.R. §785.38 says that travel from job site to job site in a day is work time, and 29 C.F.R. §785.39 confirms that travel on overnight trips during normal work hours is work time (whereas travel as a passenger outside work hours is generally not). If your travel time isn’t being paid when it should be, then legally that’s considered unpaid wages. You could pursue those wages via a DOL complaint or lawsuit. Many states also have laws or guidance echoing these rules, and employers must follow whichever standard (state or federal) is most favorable to the employee. In short, travel pay laws require that if you’re doing what your employer needs on your time, you should be paid for it.

Does travel time count toward overtime?

Yes. For non-exempt employees, any travel hours that are legally compensable under the FLSA count toward your total hours worked in the week. If those hours push you over 40 hours in a workweek, you are owed overtime pay (time-and-a-half) for the hours above 40. For instance, if you worked 38 hours in the office and spent 4 hours driving to a work site (and that driving time is legally payable), you have 42 total hours – meaning 2 hours of overtime pay are due. Failing to count travel time can cheat you out of overtime pay you earned. Exempt employees do not receive overtime, so the concept of overtime pay for travel doesn’t apply to them, but for hourly, day-rate and other non-exempt workers, paid travel time is included in overtime calculations.

My job won’t pay for travel time between job sites – is that legal?

No. Travel between job sites or assignments during your workday is considered part of your work duties and must be paid under federal law. For example, if you finish work at one location and then drive to a second location to continue working, the driving time is work time. Your employer cannot legally ask you to do this “off the clock.” If they are refusing to pay for that, they are violating wage and hour laws. You should document the instances and consider addressing it with HR or contacting a wage and hour attorney, because you may be entitled to back pay. There are some grey areas (e.g., if you stop for personal errands in between, that personal time isn’t work), but generally travel that’s part of the day’s work is work time. Your employer’s refusal to pay in this scenario is a red flag.

Do salaried or exempt employees get paid for travel time?

Legally, exempt salaried employees (who are not entitled to overtime) do not have to be given extra pay for travel time. The employer is meeting the law as long as your salary doesn’t dip due to travel. Many employers will cover travel expenses and sometimes offer additional compensation or comp time for heavy travel, but under the FLSA it’s not required the way it is for non-exempt hourly workers. If you’re salaried non-exempt (a rarer situation where you get a salary but are still overtime-eligible), then you would have to be paid for travel time just like any hourly worker. It’s important to check your classification. If you believe you’re misclassified (i.e., your employer says you’re exempt but your job duties and/or pay suggest you should get overtime), you might actually be owed compensation for extra hours and should get legal advice. For truly exempt employees, think of travel as part of the job that’s covered by the salary – unless your employer voluntarily agrees to pay extra.

What should I do if I’m not being paid for travel time?

First, keep records of the travel time you believe should be paid (dates, times, purpose). Then, if you feel comfortable, raise the issue with your employer – sometimes it’s an oversight that can be corrected. If that doesn’t resolve it, consult an employment attorney or file a complaint with the Department of Labor’s Wage and Hour Division. An attorney can confirm if the travel time is legally compensable and help you recover any unpaid wages. Remember, the law protects you from retaliation for asserting your right to wages. Most wage and hour attorneys will review your situation for free, and many work on contingency (meaning you pay nothing up front). Taking action not only helps you recover your own lost wages, but it can also stop an employer from unfairly underpaying others.

Are there any exceptions to travel time pay rules?

Aside from the main rules we covered (commute vs. work travel, etc.), a few nuances exist. One key exception under federal law is that time spent as a passenger outside of normal work hours on overnight trips is not counted as work time (unless you’re doing work during that travel). Also, normal meal breaks taken while traveling aren’t paid as work time. Some states might have additional rules; for example, California law has specific interpretations for certain industries (like construction or prevailing wage jobs) requiring travel pay. Another example: if an employee volunteers for a business trip outside of work hours (truly voluntarily, not assigned), that travel might not be paid. But generally, if your employer requires the travel, the time is compensable under the FLSA. Always check your state law and company policies for any special provisions. When in doubt, err on the side of claiming your time – you can then verify if an exception applies.

In summary, you have a right to be paid for time spent traveling for work, with only a few narrow exceptions. Unpaid travel time that should be paid is a form of wage theft and a wage and hour violation. If you find yourself in that situation, knowing the rules is the first step. Don’t hesitate to seek guidance – experienced employment law attorneys deal with these issues regularly and can help you get the compensation you’ve earned. Remember, your time is valuable, and the law is on your side to ensure you’re paid for all of it.

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