Understanding Travel Time Pay Rules for Hourly Employees
Travel Time Pay for EmployeesFor hourly employees who work in various locations, understanding when travel time counts as work time is crucial. The Federal Fair Labor Standards Act (FLSA) outlines specific rules for travel time, guiding compensation decisions for non-exempt employees, including overtime eligibility.
Travel Time to Work is Not Paid TimeWhen employees commute from home to an office or their initial job site, this is generally considered unpaid work time. Exceptions arise when employees stop at central locations, making travel between the central site and job sites compensable.
Employee Travel During the Day: The Continuous Workday RuleOnce employees arrive at central locations or their initial work sites, the workday commences. Any travel between sites within the same workday must be paid as FLSA travel time.
Tasks directly related to the principal job activity before or after work may also trigger the continuous workday rule. However, these tasks must be integral and substantial to the employee's primary work activity. FLSA and Employee Waiting TimeFor employees with breaks between assignments, whether the time is considered work hours depends on its length and the employee's freedom to use it for personal purposes, known as "waiting time" under the FLSA.
Employees Called Back to WorkEmployees called back to work after returning home, such as for emergency customer calls, have their second travel from home to work considered compensable work time.
Different Pay Rates for Travel TimeEmployers can legally pay different hourly rates for travel and service delivery, provided minimum wage laws are met. However, proper calculations for overtime, paid sick time, and vacation time must reflect the appropriate blend of these rates.
Navigating travel time pay can be complex, but our expertise ensures compliance with these regulations, preventing potential legal issues. |
We're Here to Help.OR
|
Meet Our Employment Lawyers
Emily Smith-Lee is the owner and founder of slnlaw. She is a 1996 graduate of Boston College Law School. She was previously a partner at the Boston office of a large international firm, where she worked for thirteen years before starting the firm that became slnlaw in 2009. She has been recognized as a Massachusetts Superlawyer each year since 2013, and in 2018 earned recognition as one of Massachusetts Lawyers Weekly's Lawyers of the Year. She has written a book on employment law: Rules of the Road, What You Need to Know About Employment Laws in Massachusetts, and helped thousands of clients on both the employee and employer side with issues relating to wage and hour laws, including overtime pay, late or unpaid wages or commissions, employee misclassification, and retaliation against employees asserting rights under the wage and hour laws.
Rebecca Rogers: Rebecca is a 2006 graduate of Boston College Law School, and has worked with slnlaw since 2013. She previously worked as an intellectual property litigation attorney for Fish & Richardson in Boston, Massachusetts, and clerked for the Massachusetts Supreme Judicial Court. Rebecca has helped clients with wage and hour disputes, including employee misclassification, late or unpaid wages or commissions, retaliation under the Wage Act, and advice to both employees and employers about wage and hour law compliance.
Jenna Ordway: Jenna is a 2013 graduate of Quinnipiac Law School, and also earned an LLM in Taxation from Boston University in 2015. She has been affiliated with slnlaw since 2011, first as a law clerk and then as an attorney. Jenna has been recognized since 2019 as a "Rising Star" by Massachusetts Superlawyers. Jenna has helped clients assess their rights under the wage and hour laws, including employee misclassification, untimely payment of final wages, late or unpaid commissions, retaliation, and advice to small business owners about wage and hour law compliance.
Elijah Bresley: Eli is a 2014 graduate of Seton Hall Law school, and has worked with slnlaw since 2020. He previously worked for a boutique employment law firm outside of Boston, and then for the Labor and Employment department of a large Boston firm. He also spent a year clerking for the judges of the Superior Court in Hartford, Connecticut. Eli has helped clients with wage and hour claims, including late or unpaid commissions, retaliation, employee misclassification, and overtime, and litigated these claims in state and federal courts. He also advises employers about employment policies and wage and hour compliance.
Sharleen Tinnin: Sharleen is a 2010 graduate of Northeastern University School of Law, and has been with slnlaw since 2023. Prior to joining slnlaw, she worked with King, Tilden, McEttrick & Brink, P.C. on complex civil litigation matters. She previously worked for the United States Department of Justice, and received an "Excellence in Justice" award in 2017. Sharleen has helped clients with multiple wage and hour issues, including retaliation, misclassification, and late or unpaid wages or commissions, and litigated these claims in state and federal courts.
How We Can Help
Our attorneys can provide you with expert guidance on understanding and implementing travel time pay rules to ensure compliance with FLSA regulations and help you avoid costly legal complications. You can use the button below to schedule a call back from a member of our team, or give us a call at 781-784-2322.
|
|
|
|
|
