Thank you for your interest in Wilentz, Goldman & Spitzer P.A.’s legal blogs. You will receive an email sent to the address entered in order to confirm your subscription. Please watch for it and click the link to confirm your subscription.
Employees on the Move: When Is Traveling Compensable?
It’s obvious that an employee’s commute to work is not typically compensable; however, employers should know that time spent traveling to work can sometimes be considered work time for nonexempt employees. Employers should be aware of the specific instances when traveling is compensable and track their employees hours in this regard to ensure that employees are properly compensated.
The Fair Labor Standards Act (“FLSA”) provides that the normal time employees spend traveling from home to work is not compensable, regardless of whether the employee works at a fixed location or multiple job sites. However, if a nonexempt employee must travel to another city during their work day for a one-day special assignment, that time can be compensable. The FLSA regulations provide the following example: If an employee is required to travel by train to New York from Washington D.C. for a special assignment and return home on the same day, the time the employee spends traveling back and forth is compensable. However, the employer may be able deduct the time the employee spent driving from his home to the train station, depending on the specific situation.
Similarly, time spent driving during an overnight trip away from the employee’s home also may be compensable as work time under the FLSA.
Lastly, even if a nonexempt employee is not traveling out of town, time spent driving locally from worksite to worksite during the employee’s working hours is typically compensable.
TAKEAWAY: track the time your nonexempt employees spend traveling on special assignments and driving from job site to job site during their regular work day to ensure that they are being properly compensated.
The postings on this blog were created for general informational purposes only and do not constitute legal advice or a solicitation to provide legal services. Although we attempt to ensure that the postings are complete, accurate, and current as of the time of publication, we assume no responsibility for their completeness, accuracy, or timeliness. The information in this blog is not intended to create, and receipt of it does not constitute, a lawyer-client relationship. Readers should not act upon this information without seeking professional legal counsel.
This blog may contain links to independent third party websites and services, including social media. We provide these links for your convenience, and you access them at your own risk. We have no control over and do not monitor the content or policies (including privacy policies) of these third-party websites and have no responsibility for, and no liability with respect to, their content, accuracy, or reliability. Unless expressly stated, we do not endorse any of the linked websites or any product, service, or publication referenced herein or therein. We will remove a link to any site from this blog upon request of the linked entity.
We grant permission to readers to link to this blog so long as this blog is not misrepresented. This site is not sponsored or associated with any other site unless so identified.
If you wish for Wilentz, Goldman & Spitzer, P.A., to consider representing you, please obtain contact information from the Contact Us area of this blog or go to the firm’s website at www.wilentz.com. One of our lawyers will be happy to discuss the possibility of representation with you. However, the authors of Wilentz blogs are licensed only in New Jersey and/or New York and do not wish to represent anyone who viewed this site in a state where the site fails to comply with all laws and ethical rules of that state.
Significant Changes to New Jersey’s Unemployment Compensation Law Will Take Effect on July 31, 2023
Employer Alert: Banning Recording in the Workplace Could Infringe on Employee Rights
Is it the End of Confidentiality and Non-Disparagement Provisions in Severance Agreements?