The Fair Labor Standards Act (“FLSA”) is a statutory regime with teeth. Employers are wise to understand the ins and outs of the FLSA and how it demands that employers properly classify employees and compensable work time, deduct from pay, and record keeping.

This Freeman Law Insights blog addresses when a non-exempt employee must, under the FLSA, be paid for time spent in travel. If a state law provides greater benefit than the FLSA, the state law may control in a particular situation.

Cory’s 10 Commandments for Travel Time as Hours Worked (or Not) under the FLSA:

1. General Rule. Normal travel from home to work and back is not worktime.
2. General Rule Elaborated. Time spent in home-to-work travel by an employee in an employer-provided vehicle, or in activities performed by an employee that are incidental to the use of the vehicle for commuting, generally is not “hours worked” and, therefore, does not have to be paid.  The general rule applies only if the travel is within the normal commuting area for the employer’s business. An exception is where an employee travels home from work and then is called back to work for an emergency matter; that time in travel is compensable.
3. Travel During Work Hours. Time spent traveling during normal work hours is considered compensable work time.
4. One-Day Assignment. Travel from home to work on special one-day assignment in another city is compensable. Normal deductions for meal periods.
5. Travel is Principal Activity. Time spent by an employee in travel as part of the employee’s principal activity, such as travel from job site to job site during the workday, constitutes hours worked.
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