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Travel Time Policy

For Non-Exempt Employees

Fair Labor Standards Act

Department of Labor

 

XXX Company pays non-exempt employees for travel time in accordance with the Fair Labor Standards Act (FLSA).

 

Travel Time - From Home to Work (Portal to Portal)

Normal travel from home to work and travel from work to home at the end of the workday is not considered hours worked.

 

 

Single-Day Travel

Time spent by the employee in travel as part of his or her normal work activities – such as travel from the job site to a seminar during regular working hours is considered hours worked. If the employee is required to travel to another city and return home in the same day, the travel time to and from the other city is considered hours worked.

 

If the employee uses public transportation, the travel time between the employee’s home and the point where he or she obtains this transportation (i.e. bus station, airport, etc.) is not considered hours worked.

 

If the employee takes a lunch break, it is not considered hours worked.

 

 

Regular Work Hours

Single Travel Day

Travel Time

Travel Time Paid

8 a.m. to 5 p.m., Monday - Friday

Friday

Leave at 6:30 a.m. - arrive at 8:30 a.m. Attend seminar. Take an hour lunch. Leave at 4:30 p.m. - arrive back at 6:30 p.m.

Employee is paid for 11 hours. Not paid for lunch hour.

 

                                             Sunday

Leave at 2:00 p.m. – arrive at 6 p.m.

 

 

Employee is paid for 4 hours.

 

11:00 a.m. to 8 p.m. Monday – Friday

Wednesday

Leave at 9 a.m. - arrive at noon.

Employee is paid for 3 hours – since the travel is in the same day.

 

 

 

 

 

Travel Away From Home Overnight on a Work Day

 

Travel time involving a required overnight stay is considered hours worked only when it is during the employee’s regular workday.

 

The employee is simply substituting travel for his or her regular work hours.

Travel time that is outside of normal work hours is not considered hours worked.

 

 

Regular Work Hours

 

Overnight Travel

Travel Time

Travel Time Paid

8 a.m. to 5 p.m., Monday - Friday

Friday

Leave at 7 a.m. – arrive at 1:00 p.m. Took an hour lunch.

Employee is paid for 4 hours – not paid for time outside regular hours or for lunch.

                                            Sunday

Leave at 2:00 p.m. – arrive at 6 p.m.

Employee is paid for 3 hours – not paid for time outside of regular hours.

11:00 a.m. to 8 p.m., Monday – Friday

Wednesday

Leave at 11:00 a.m. – arrive at 2 p.m. Took an hour lunch.

Employee is paid 2 hours. Not paid for lunch.

                                           Sunday

Leave at 10:00 a.m. – arrive at 3:00 p.m. Took an hour lunch.

Employee is paid 3 hours. – not paid for the time outside of regular hours or for lunch.

 

Travel on a Non-Work Day

 

If the employee regularly works from 8 a.m. to 5 p.m., Monday through Friday, traveling during the same hours on Saturday and/or Sunday is considered hours worked.

 

The usual lunch break is not considered hours worked.

 

Time spent in travel away from home outside of regular work hours is not considered hours worked.

 

Any work that the employee performs while traveling is considered hours worked even if these hours are outside his or her normal work schedule.

 

 

Resources: http://www.rose-hulman.edu/HR/Policies/Travel%20Time%20policy.pdf

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