Magazine article HRMagazine

Do Nonexempt Employees Need to Be Paid for Travel Time as a Passenger or a Driver?

Magazine article HRMagazine

Do Nonexempt Employees Need to Be Paid for Travel Time as a Passenger or a Driver?

Article excerpt

Usually. The federal Fair Labor Stan- dards Act travel-time regulations include a provision that has confused many employers, leading them to mistakenly believe that nonexempt employees don't have to be paid for their time spent rid- ing as passengers.

In reality, there are only a few instances when this is the case.

The oft-confused provision states: "As an enforcement policy the Divisions will not consider as worktime that time spent in travel away from home outside of regular working hours asa passen- ger on an airplane, train, boat, bus, or automobile."

Although it clearly states that travel time "outside of regular working hours" doesn't have to be paid, in fact the only travel time as a passenger that is not compensable for nonexempt employees is:

* Meal breaks of 20 minutes or longer during the travel time.

* Travel to overnight stays when it occurs outside of the employee's normal work schedule, regardless of the day of the week, and when no work is being performed while traveling.

For example, an employee who usu- ally works 9 a.m. to 5 p.m. doesn't have to be compensated for travel from 5 p. …

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