Travel Time Pay refers to compensation for the time employees spend traveling for work-related purposes. If your job requires you to hit the road or skies, you may wonder: Should I get paid for this travel time? Many workers ask, “My job won’t pay for travel time – is that legal?” The answer depends on when and why you’re traveling. Under the Fair Labor Standards Act (FLSA) – the federal law setting wage and hour standards – certain travel counts as hours worked (and must be paid), while other travel time is not compensable.
If you’re facing confusion about travel time pay requirements under the FLSA, it’s time to take action. The Lore Law Firm can work to ensure you get what you deserve. Contact us for guidance on your case or call us at (866) 559-0400 to discuss your situation today. Let’s work together to secure your financial future.
Understanding Travel Time Pay Under the FLSA
The FLSA excludes normal home-to-work travel before the first principal activity and after the last principal activity of the day, but if your employer requires you to report to a designated location before traveling to a worksite, that subsequent travel time becomes compensable work time. In general, travel that is part of your job duties is compensable work time, whereas normal home-to-work commutes are not. The rationale is that your regular commute is considered personal time, not a principal work activity, so your employer isn’t required to pay for it. On the other hand, when you travel for the benefit of your employer or at their direction during your workday, that time typically must be paid as work hours.
To determine if travel time is paid work, ask: Is the travel part of my work duties, or is it just my commute? Below are the key rules under FLSA:
Ordinary Commute (Home-to-Work Travel): Driving or commuting from your home to your normal worksite (and back home) is not considered work time under the FLSA. This rule generally holds true even if you travel to different job sites each day; however, if your employer assigns you to a temporary work location significantly farther than your regular commute, the extra travel time beyond your normal commute may be compensable. In short, the hours you spend getting yourself to your job aren’t hours spent doing your job.
Travel During the Workday: Once you’ve started your workday, any travel “all in a day’s work” is compensable. This includes travel between job sites or clients during the day, runs to pick up supplies, driving from a central meeting place to a worksite, etc. Time spent traveling as part of your principal activities must be counted as hours worked. For example, if your boss sends you from the office to another location for a meeting or errand at 2 pm, the driving time during your normal work hours should be paid just like any other work time.
Commuting vs. Compensable Work Travel
Normal Home-to-Work Commute (Not Paid)
Your routine commute – from home to your regular workplace and back – is not paid work time under federal law. This remains true whether you drive, take public transit, or use an employer-provided vehicle for your commute. The FLSA (via the Portal-to-Portal Act) explicitly excludes normal commuting from compensable hours. In practical terms, your employer doesn’t have to pay you for sitting in traffic or riding the train before your workday starts or after you clock out.
Exception – Emergency Calls: When you’re called back to work outside your normal hours, travel time is generally compensable, particularly for emergency assignments requiring significant travel. Short local trips count fully as hours worked; for long-distance travel, only time spent traveling to and from the job may be counted, depending on the facts. If, after going home from work, you get called at night to travel a substantial distance for an urgent job, that travel time can be compensable. For instance, an employee who gets an emergency call at midnight and must drive a long distance to fix a critical issue for a client would be on paid time for that travel.
Travel During the Workday (Paid)
Once you’ve arrived at work and started your workday, any required travel during that day is work time. This covers:
- Travel between job sites: If you have to go from one work location to another in the middle of your day, all the time spent traveling is paid. For example, a repair technician who drives to multiple client locations or a nurse traveling between home visits must be compensated for the drive time between assignments.
- Trips to pick up equipment or report to a meeting point: If your employer requires you to first report to a company location to get instructions or tools, and then travel to the actual job site, that travel from the meeting point to the job site is part of your workday and must be paid.
- Running errands or offsite meetings: Travel to run work errands (like delivering documents, picking up supplies) or to attend meetings/training at a different site during the workday is paid time.
In summary, once you’re on the clock, traveling for work = working. Importantly, any compensable travel time during the day also counts toward your total hours for overtime calculations.
Special Travel Scenarios Under FLSA
One-Day Assignments to Another City
If your employer sends you on a special one-day assignment to a different city (not your usual work location) and you return the same day, that travel time is generally compensable. The Department of Labor explains that such travel is not ordinary commute – it’s for the employer’s benefit and part of the day’s work. All the time spent traveling to and from the other city in one day is work time, minus your normal home-to-work commute time.
Example: You normally work 9am–5pm at a fixed office in City A. One day, your boss asks you to attend a meeting in City B, which is a 2-hour drive away, and return that evening. You leave home at 7:00am and drive back, arriving home at 7:00pm. Normally, your commute is 30 minutes each way. Under FLSA rules, the total travel time (4 hours each way = 8 hours) is work time except for the 1 hour of commuting you’d normally do. So, about 7 hours of that travel should be paid work time.
Overnight Travel (Travel Away from Home)
Travel that keeps you away from home overnight has its own rule. Overnight travel is counted as work time when it occurs during your normal working hours, even on weekends. If you are driving, all travel time is compensable; if you are a passenger outside normal hours, only time spent working (e.g., responding to emails or preparing reports) must be paid. The idea is that if you’re traveling during hours you’d ordinarily be working, you’re substituting travel for your usual work duties, so that time is paid. This applies even on non-work days. For instance, if you typically work 9am–5pm Monday to Friday, and you have to travel on Sunday from 1pm–5pm for an out-of-town assignment, those 4 hours on Sunday should be counted as hours worked.
However, time spent traveling outside of your regular work hours on overnight trips is generally not required to be paid if you are simply a passenger and not working. The DOL’s enforcement policy says that travel outside regular working hours, when you’re a passenger (e.g. on a plane, train, car, etc.), need not be counted as work time. For example, if you took an evening flight from 7pm–10pm for a work trip (and 7–10pm is outside your normal 9–5 schedule), those hours would not automatically be paid time under FLSA.
Important: If you perform work while traveling, that time must be paid just like any other work. So, if you’re on that 7pm flight but spend the time preparing a report or answering work emails at your boss’s request, those hours become compensable. Similarly, if you’re required to travel as an active part of the job (say you’re a truck driver or you must accompany a client), then travel time is work time regardless of when it occurs.
Travel Time and Overtime Pay
Why does it matter if travel time is counted as work? Because if you’re a non-exempt employee (hourly or otherwise eligible for overtime), compensable travel time increases your hours worked – which could put you into overtime for the week. Under the FLSA, non-exempt workers must receive overtime pay (1.5 times regular pay) for all hours over 40 in a workweek. Travel hours that count as work should be added to your total hours. If an employer doesn’t add those hours, you might miss out on earned overtime wages.
Example: You worked 38 hours in the office this week, and also spent 4 hours one day traveling between job sites. Those 4 travel hours count as work, making your total hours 42 – meaning you are owed 2 hours of overtime pay (time-and-a-half) on top of your regular pay. If your employer ignores the travel time and only pays you for 38 hours, you’ve effectively lost out on overtime pay, which is a form of wage theft.
Employers sometimes miscalculate or deliberately omit travel time to avoid paying overtime. This is unlawful. All compensable travel time must be included when tallying hours.
Exempt vs. Non-Exempt Employees
The rules above mostly concern non-exempt employees (who are covered by overtime and minimum wage laws). What if you’re an exempt employee (salaried and not entitled to overtime under FLSA)?
- Non-Exempt (Hourly) Workers: All the travel scenarios discussed apply to you. If it’s compensable travel time, you must be paid at least your normal pay rate for those hours. And if those hours put you over 40 in a week, you get overtime pay. Essentially, travel time counts toward your hours and wages like any other work time.
- Exempt (Salaried) Workers: Exempt employees receive a fixed salary of at least $684 per week for their work and have primary duties that satisfy the professional, executive or administrative requirements, regardless of hours, and do not earn overtime. Technically, an employer can require an exempt employee to travel outside normal working hours without extra pay beyond their salary. The FLSA doesn’t mandate additional compensation for travel or overtime for exempt staff. That said, many employers choose to reimburse or compensate exempt employees for heavy travel, but failure to do so wouldn’t violate the FLSA. The key point is that if you’re exempt, the law doesn’t force your employer to pay you beyond your salary for travel time.
State Laws and Additional Protections
While the FLSA sets the federal baseline, state labor laws can provide greater protection. Some states require payment for travel time in situations the FLSA might not. For instance, California is known for stricter wage laws – generally, if an hourly employee in California is required to travel for work, that time often must be paid under state law, even outside normal hours.
If you travel regularly for your job, it’s wise to check your state’s labor department guidance on travel time pay. Employers must follow the law that is most favorable to the employee. Additionally, union contracts or company policies might promise pay for travel time beyond what the law requires.
What to Do If Your Employer Won’t Pay for Travel Time
If you believe your employer is not paying you for travel time that should be compensable, don’t ignore the issue:
- Document the Travel Time: Keep records of all work-related travel. Note dates, times, and purposes of the trips.
- Review Company Policy: See if your employer’s policies say anything about travel pay.
- Raise the Issue Internally: Bring it up to a manager or HR. Sometimes employers correct pay issues once they realize the law requires payment.
- File a Complaint: If your employer refuses to comply, you can file a complaint with the U.S. Department of Labor’s Wage and Hour Division. Retaliation for raising such concerns is illegal.
- Consult an FLSA Attorney: Particularly if you suspect widespread issues or significant unpaid hours, it’s wise to talk to an experienced wage and hour attorney. An attorney can advise if you have a strong claim for unpaid wages or overtime.
Act promptly. FLSA claims have a statute of limitations (usually 2 years, or 3 years for willful violations). Don’t let too much time pass or you might lose the ability to claim older unpaid wages.
Key Takeaways
- Your normal commute to work is not paid under federal law
- Travel during your workday (between job sites, for errands, etc.) is paid
- One-day special assignments to other cities are paid (minus normal commute time)
- Overnight travel during your regular work hours is paid; outside those hours is generally unpaid unless you’re working
- All compensable travel time counts toward overtime calculations
- Exempt employees generally don’t get extra pay for travel beyond their salary
- State laws may offer greater protections than federal law
- If your employer won’t pay required travel time, document it and seek help from the DOL or an attorney
Travel time pay issues can be confusing, but understanding your rights is essential. If you suspect your employer isn’t following the law regarding travel time compensation, seek advice. You deserve to be paid for all the hours you work, including qualifying travel hours. Contact an experienced FLSA attorney to review your situation and understand your options for recovering unpaid wages.
If you’re facing confusion about travel time pay requirements under the FLSA, it’s time to take action. The Lore Law Firm can work to ensure you get what you deserve. Contact us for guidance on your case or call us at (866) 559-0400 to confidentially discuss your situation today. Let’s work together to secure your financial future.
