Planning a road trip along the California Pacific Coast Highway? Packing your bags for a European adventure? Whether you’re a seasoned traveler or gearing up for your first big trip, there’s one thing most of us have in common: we need to work! And for many of us, that work requires occasional travel. But what happens when your job requires you to travel on the clock? Are you entitled to be paid for that time? The answer, like many legal matters, is: it depends.
Understanding “Work Time” vs. “Non-Work Time”
Let’s break down this often confusing aspect of employment law. The Fair Labor Standards Act (FLSA) in the United States governs minimum wage and overtime pay. However, the regulations surrounding travel time can be tricky. Here’s a simplified explanation:
Generally, travel time falls into these categories:
Commuting: This is travel between your home and your primary worksite. This time is generally not considered work time and is not compensable. Imagine driving from your apartment in San Francisco to your office in downtown – that’s your commute.
Travel During the Workday: If you’re traveling between work locations during your usual workday, this is usually considered work time and must be paid. Let’s say you work in New York City and need to travel from your main office in Midtown to a client meeting in the Financial District – that travel time counts!
Out-of-Town Travel: Travel for work purposes that requires you to be away from home overnight can be more complex:
- Travel Time During Normal Working Hours: If you’re traveling during what would normally be your scheduled workday (even if it’s on a plane or train), this time is generally considered work time.
- Travel Time Outside Normal Working Hours: Time spent traveling outside of your regular working hours may or may not be compensable depending on the circumstances and whether you are required to perform work duties during that time. For example, traveling on a weekend for a Monday morning conference might not be considered work time, especially if you’re free to enjoy your time. However, if you are required to work on the plane or prepare for meetings, that time should be compensated.
Remember: These are just general guidelines, and specific situations can get complicated quickly! Always consult with an employment lawyer or your local labor board if you have questions about your specific circumstances.
