This includes situations where employees go from their home to the first worksite of the day. Under the Portal Act, you don’t have to pay employees for their ordinary commuting time. Must we pay them for the time they travel to the first job of the day?
#Driving personal vehicle for work clock time download
Prior to going out on their first call of the day, employees log onto their laptop computers to download assignments and maps, and respond to email. The Portal Act applies regardless of the length and distance of an employee’s commute.ĥ.
Under the Portal-to-Portal Act, which is an amendment to FLSA, employers need not pay employees for their ordinary commuting time, even if they go from their home to the first job of the day, and even if that commute is extraordinary. We pay him for traveling among work sites during the day, but he’s suggested that we have to pay him for his extraordinary commuting time. It can take him three hours to get from his home to the first job of the day. Instead, he receives his daily schedule via email before his last job of the day. He doesn’t come into the office to get his assignments. A service tech covers a three-state area for the company. If that were the case, the drive into the office would be considered non-compensable commuting time, but the drive from the office to the first job site would be considered traveling that’s all in a day’s work.Ĥ. On the other hand, it would be considered working time if employees had to report to the office first, before they went out to the job site. This is true even if the worksite changes every day. Must an employer pay employees for their commuting time if they drive a company vehicle from their homes to the first job of the day?Īccording to the FLSA, commute time isn’t considered working time if an employee drives from his/her home to the first worksite of the day.
Note: Keep in mind that if a nonexempt employee’s travel time, together with his/her working time, adds up to more than 40 hours during the week, the employee is owed overtime at one-and-one-half times his/her regular rate of pay.ģ. Example: If the employee’s flight took off at 7 p.m., the employer would not have to pay for the time. Please consult your state department of labor for this information.If all travel is strictly limited to an employee’s non-working hours, you don’t have to pay for the time. Individual states' laws and regulations may vary greatly. State Labor Offices/State Laws - Links to state departments of labor contacts. Wage and Hour Division: District Office Locations - Addresses and phone numbers for Department of Labor district Wage and Hour Division offices. Handy Reference Guide to the Fair Labor Standards Act - Answers many questions about the FLSA and gives information about certain occupations that are exempt from the Act.Ĭoverage Under the Fair Labor Standards Act (FLSA) Fact Sheet - General information about who is covered by the FLSA. This provision applies only if the travel is within the normal commuting area for the employer's business and the use of the vehicle is subject to an agreement between the employer and the employee or the employee's representative. 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.
Time spent traveling during normal work hours is considered compensable work time. Veterans' Employment and Training Service (VETS).Pension Benefit Guaranty Corporation (PBGC).Ombudsman for the Energy Employees Occupational Illness Compensation Program (EEOMBD).Office of Workers' Compensation Programs (OWCP).Office of the Chief Financial Officer (OCFO).Office of the Assistant Secretary for Policy (OASP).Office of the Assistant Secretary for Administration and Management (OASAM).Office of Labor-Management Standards (OLMS).Office of Federal Contract Compliance Programs (OFCCP).Office of Disability Employment Policy (ODEP).Office of Congressional and Intergovernmental Affairs (OCIA).Office of Administrative Law Judges (OALJ).Occupational Safety and Health Administration (OSHA).Mine Safety and Health Administration (MSHA).Employment and Training Administration (ETA).Employees' Compensation Appeals Board (ECAB).Employee Benefits Security Administration (EBSA).Bureau of International Labor Affairs (ILAB).
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