FLSA regulations cite six ways a non-exempt worker can travel, five type are paid time
Don’t let travel-time FLSA compliance violations drive you to despair
Some managers are confused about how to pay non-exempt workers for their travel time. FLSA regulations discuss six travel scenarios.
You might want to review these with your departmental managers to make sure you are in full compliance with FLSA regulations.
- Home to work, ordinary situations. Generally, when a nonexempt employee travels from home to work, it’s not considered working time and he doesn’t have to be paid. This is true whether he reports to a fixed location or to different job sites.
- Home to work, emergency situations. If an employee is called in to work after normal work hours because of an emergency, the time spent traveling there is compensable work time.
- Home to work, special assignments. You must pay a nonexempt employee for all time spent traveling to a seminar, training session or special assignment that lasts for a day.
- Travel as part of the day’s work. You must also pay for the time an employee spends traveling during the course of a day (say from work site to work site).
- Overnight travel. If a nonexempt worker travels to a seminar, training session or special assignment that lasts overnight, you must pay for all travel time that coincides with the course of his workday.
- Work performed while traveling. Travel time during non-work hours is considered work time for which an employee must be paid if the employee actually performs work while traveling.
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