Summary: If your employer isn’t paying you properly for travel time, an attorney can help you get the compensation you deserve. Request your free review today.
Under the Fair Labor Standards Act (FLSA), travel time that requires an overnight stay away from home is typically considered work time that must be paid to the employee and counted towards overtime. Regardless of what day of the week the travel occurs, any time spent traveling that occurs within the employee’s normal work hours—including employees working away from home overnight—should be compensable.
The FLSA does not require employers to pay employees for ordinary commuting time, such as commuting to and from the office. However, some employers may try to claim that compensable travel time is actually ordinary commuting time to avoid paying full wages and overtime to workers.
One recent case highlights these instances of wage theft. If you travel for work and believe that your employer is not compensating you properly, you may need an attorney’s help to seek rightful wages.
The Origins of the New Travel Time Ruling
According to the FLSA, travel time is compensable in numerous circumstances, including when it occurs during an employee’s regular work hours or is part of their principal work activity. Travel time that keeps an employee away from home overnight is also generally compensable work time. Essentially, travel time outside of an employee’s normal commute that takes place during work hours is compensable.
A recent class action lawsuit regarding this issue was filed against Professional Labor Group, LLC. Professional Labor Group supplies trade workers to construction contractors and other companies for short-term projects. These projects can last anywhere from days to weeks, and workers stay at the client’s remote jobsite, unable to return home while the project lasts.
Although Professional Labor Group does pay employees for mileage and provides per diem compensation, the company did not compensate workers for time spent traveling to and from job sites. The company also failed to calculate employees’ travel time as hours worked for the purposes of overtime calculations.
The former Professional Labor Group employee filed a class action lawsuit asserting that the time spent traveling to remote assignments during the normal workday should be compensated as per the FLSA. The suit also noted that this time should have been counted towards overtime calculations.
Understanding the Travel Time Ruling
Responding to the lawsuit, Professional Labor Group tried to claim that the unpaid travel time spent traveling to remote assignments was not compensable because it was ordinary commuting time. However, the court found in favor of the workers, concluding that travel time on overnight work assignments during normal work hours is compensable.
The Professional Labor Group appealed, presenting the case to the Seventh Circuit Court of Appeals. The Court upheld that employers are required to pay employees for travel time that takes place during regular working hours when they work away from home overnight. Additionally, the Court ruled that the FLSA regulation that exempts regular commuting from compensable working time does not apply to situations involving overnight stays.
The decision concluded that travel time on non-working days must also be compensated if it takes place during what would otherwise be considered employees’ usual working hours. The ruling confirmed that travel time must be counted toward employees’ overall pay calculations—including overtime. The Court’s decision underscores the fact that different rules apply to compensation for travel time when overnight stays are involved.
If you travel for work and your employer is denying payment for travel time conducted during work hours, you may be entitled to compensation. Unless you leave and return home on the same day, the Court’s decision affirms that travel that keeps an employee away from home overnight and occurs during working hours is compensable.
Contact a Wage and Hour Attorney for Legal Help
If you suspect that your employer is violating your rights regarding travel time pay or overtime, an attorney can help. An experienced wage theft lawyer understands the intricacies of both state and federal laws governing potential travel time compensation claims.
An unpaid overtime attorney can maximize your success in recovering owed wages and initiate a range of potential legal actions to recover lost wages as well as damages. Contact our firm today by using our online chat or form to receive your free and confidential review.
