Fair Labor Standards Act (FLSA)
Travel & Training
The following information applies to Non-Exempt employees only.
The principles that apply in determining whether or not time spent in travel is working time depend upon the kind of travel involved.
Travel To and From Work: Time spent "walking, riding, or traveling to and from the actual place of performance or the principal activity (work)" is not work time and therefore is not compensable. The use of an employer’s car to travel to and from work is generally not compensable so long as the use of such vehicle is within the normal commuting area for the employer’s business and the employee voluntarily agrees that such time is not compensable. In this case, a commuting agreement must be in writing outlining the arrangement with the employee for use of the employer’s vehicle. The agreement must include the understanding that no compensation will be received for the time spent in transit to and from home.
Travel During the Work Day: Travel time of an employee during the workday, such as travel to and from work/job sites and time spent traveling to a location to receive instructions or pick up tools/supplies, must be counted as hours worked.
One day out-of-town travel: If a non-exempt employee travels out of town for less than one day, they must be paid for all travel time, excluding travel time from home to public transportation (commuting time) and bona fide meal times.
Overnight travel: Employees who travel overnight on business must be paid for time spent traveling (except for meal periods) during their normal working hours on their regular working days as well as during normal working hours on their non-working days, such as Saturdays, Sundays, and holidays. For instance, if an employee’s working time is regularly scheduled 8 a.m. - 4:30 p.m. Monday through Friday, then any travel on Saturday and Sunday between those hours is also compensable.
Training Programs, Lectures and Meetings: Time spent in training programs, lectures and meetings is not considered working time if all four of the following are true:
- Attendance is outside of the employee’s regular working hours.
- Attendance is voluntary.
- The course, lecture, or meeting is not directly related to the employee’s job, and
- The employee does not perform any productive work during such attendance.