Be sure to detail your policy in an employee’s contract, stating whether you will pay them for travel time and if so, how much. To understand the laws around when ‘travel time’ counts as working time, there are two key rulings you need to know about. If an employee who regularly works at a fixed location is required to report to a location other than his or her regular worksite, the employee must be compensated for all travel time in excess of his or her ordinary travel time between home and work and shall be reimbursed for associated transportation expenses. State Labor Offices/State Laws - Links to state departments of labor contacts. Therefore, the court ruled that their travel time needed to count as working time so that they would be entitled to the legal amount of rest periods within their full work day. Ins. 200 Constitution Ave NW 164. Federal government websites often end in .gov or .mil. Travel time is the time an employee spends in transit for work. Accidents, health and safety law and workplace conditions. Helen has over 14 years of experience advising businesses on all aspects of employment law. Many employers try to pay for travel time but consider it a separate category like “Other time”, or “Non-productive Time”, or “Misc. HR Issues & Laws Wage & Hour Issues: Travel Time. The outcome of this ruling was that any workers without a fixed place of work, who travel between clients and appointments from their home, should have that travel counted as part of their working time. Normal travel from home to work and return at the end of the workday is not work time. Workers are entitled to a rest break in each shift lasting more than six hours In these situations, it’s advisable to pay employees their normal wage or salary as well as expensing them for their travel. In what circumstances is travelling time included in the working time calculation? Minnesota law requires employers to count employee waiting time as hours worked for purposes of minimum wage and overtime requirements if the employees must remain on the employer’s premises until work is prepared or available. The content of this blog is for general information only. Under federal law, it is work time only when it cuts across the employee’s normal workday and/or requires the employee to work on weekends or days when he or she would not otherwise be required to work. You will also need to check that the employee’s working hours do not exceed the legal limit of 48 per week. .usa-footer .grid-container {padding-left: 30px!important;} If an employee’s working day is extended to include travel time, you may be … A recent European Free Trade Association Court decision found that travel time in itself constitutes working time if the travel is ordered by the employer. sending email, making phone calls, etc. The Working Time Directive, which applies to all EU countries including the UK, states that workers may not be made to work for more than 48 hours per week (averaged out over 17 weeks). Read about a 2020 court case. When does a contractor become an employee? This is because the provider had not been paying staff for travel between appointments with clients. ol{list-style-type: decimal;} Ensure you have a clear, well thought-out expenses policy to use in each case, so as to avoid breach of contract or unlawful deduction claims. Employers also need to consider how travelling time factors into the maximum time employees are legally allowed to work each week. Health and safety at work. Hence, an employee who usually works Monday – Friday, 8 to 5 will be paid for all time (including the drive to the airport since it is not a regular workday) on a Sunday to arrive for a Monday meeting. What Kind of Travel is Compensated? Share . Travel between worksites includes travel within a single day between multiple work sites. While travelling on Agency business, all employees are entitled to accommodation (consistent with Agency travel rates), meals and transport without personal expense. Traveling to and From Work. For example, could the first and last appointments of their working day be chosen for their proximity to the employee’s house? Liberty Mut. Another area of law that would allow you to travel for work would be corporate law. For the purposes of overtime there are no special categories of work time that aren’t included. #block-googletagmanagerheader .field { padding-bottom:0 !important; } Time spent traveling during normal work hours is considered compensable work time. All employees are also entitled to an uninterrupted 20-minute break when they work for more than six hours. Charlie Taylor. Generally speaking, if your employee has to follow a tight schedule of appointments set out by you or their line manager, then their travel will probably count as working time. Since the EU Working Time Directive has now been embedded in UK law, in theory it shouldn’t be immediately affected by Brexit. A recent European Free Trade Association Court decision found that travel time in itself constitutes working time if the travel is ordered by the employer. If an employee’s working day is extended to include travel time, you may be required to give them more rest breaks. Resources. Overnight travel or travel away from home is work time when it cuts across the employee’s normal workday and/or requires the employee to work on weekends or days when he or she would not otherwise be required to work. A worker who travels from home to work and returns to his or her home at the end of the workday is engaged in ordinary home-to-work travel which is a normal incident of employment. This IPG is intended to clarify the definition of hours of work pursuant to Division I, Part III of the Canada Labour Code (Code). In this example, since the flight is at 9.a.m., a time the employee would normally be at work, the travel time on the flight is considered work time. Compensable travel time also includes travel between worksites during a workday, travel to a temporary assignment in another city, and worked performed while traveling (i.e. You can find more detail on this in our Terms of Website Use. ); OR Time when you do not actually perform work (and might even be doing personal things like checking the internet, texting and making personal calls), but when your employer exercises enough control over you that the law considers it working time. Payroll. .cd-main-content p, blockquote {margin-bottom:1em;} Do you pay your staff for travel time? .manual-search ul.usa-list li {max-width:100%;} Commuting and Travel On the Job You are not entitled to be paid for your regular commute: the time it takes you to drive or take public transit from your home to your regular worksite and back home at the end of the day. reporting for work, pay for travel time will not begin until the employee reaches the terminal. Time taken to travel to and from work at the beginning and end of each day should count as working time under the law, according to the Europe’s highest court. Employees are entitled to pay for time spent traveling during the hours when they regularly work (the period of the day they regularly work), even if they ordinarily work Monday through Friday but travel on the weekend. The issue was whether the time spent by the workers travelling from home to their first appointment of the day, and travelling back home after their last appointment, counted as “working time” under the Directive. Please don’t rely on it as legal or other professional advice as that is not what we intend. This would reduce travelling time and therefore cut down the number of hours the individual has to work. Travel time can include both local trips and travel away from home. Ordinary travel between work and home is not compensable travel time. The time spent traveling to the assigned worksite is work time. When travel time is work. We don't get paid travel time but are expected to be onsite for 9am and leave the last site at 5pm wherever that may be. This UK law (not including Northern Ireland) states that time spent commuting to and from the workplace does not count as part of the working day. Same Day Travel. At another one I had an unwritten policy with my boss that I would bill my active travel time (driving to the airport, e-mail on the plane and such) but not the time I was watching a movie or sleeping on an overnight flight to Europe. Travel Time. 4. This is because employees are not at the employer’s disposal when commuting, and don’t have to carry out any duties while doing so. Waiting time. Recognition of travel time 165. Whether these rulings affect your business will depend on the nature of how your employees work and how much control they have over their work days. Travel disruption and work Employees should talk to their employer about working from home, taking leave or making time up later if they cannot get to work because of travel disruption. The European Free Trade Association (EFTA) Court has ruled that necessary time spent travelling to and/or from a location other than a fixed or habitual place of work to carry out a single assignment in that other location, constitutes 'working time'. Co. that: “To the extent that some of these cases state broadly that travel time is compensable if employees are transporting equipment without which their jobs could not be done, e.g., Crenshaw, 798 F.2d at 1350, I read these statements as implying that the transportation involves some degree of effort. Coverage Under the Fair Labor Standards Act (FLSA) Fact Sheet - General information about who is covered by the FLSA. It does not matter whether the employee works at a fixed location or travels to a different job site each day. In general, employers must pay you for this time if you must travel to accomplish the day’s work. For example, the time the employee spends traveling between two work sites will count as "time worked," just as will the time an employee spends traveling between other places for work-related reasons during his/her work day. Your right to get paid for travel time depends on whether you stay overnight, your regular work hours, and your commute to the airport or other travel hub. The Working Time Directive is implemented in the UK via The Working Time Regulations (WTR) and neither provides any guidance on whether travel to and from work or between places of work should be classed as working time. Any travel time that occurs after the employee starts to provide services is recorded as work hours. They have no control over where they travel to and are not able to spend their time freely. Are employees entitled to be paid for travel time? This provision is codified in 5 U.S.C. The reason for the ruling is that these types of workers are having to follow a set schedule and are at the disposal of their employers, carrying out their duties on behalf of the business they work for. 207. Jobs with different working time rules to the working time regulations. Travel Time Employers may be required to pay nonexempt employees for time traveling to, and attendance time at, a work-related function. Answer: No. If you’re unsure about when travel time constitutes working time for your employees, our HR consultants can help. .agency-blurb-container .agency_blurb.background--light { padding: 0; } 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. 206. The contract should cover: It might be worth having a look at your mobile workers’ schedules and thinking of ways that they could be made more efficient. But that doesn't mean you won't end up paying for that time, in a way. Employer organisations have not commented, but the UK's umbrella national employer organisation, the CBI, has said it is vital the UK’s opt-out from the EU working time directive is retained. Note, however, that an employee who performs any work during the travel time will be compensated for that actual work time at his or her. .manual-search ul.usa-list li {max-width:100%;} Related Topics. www.dol.gov, Industry-Recognized Apprenticeship Programs (IRAP), Bureau of International Labor Affairs (ILAB), Centers for Faith and Opportunity Initiatives (CFOI), Employee Benefits Security Administration (EBSA), Employees' Compensation Appeals Board (ECAB), Employment and Training Administration (ETA), Mine Safety and Health Administration (MSHA), Occupational Safety and Health Administration (OSHA), Office of Administrative Law Judges (OALJ), Office of Congressional and Intergovernmental Affairs (OCIA), Office of Disability Employment Policy (ODEP), Office of Federal Contract Compliance Programs (OFCCP), Office of Labor-Management Standards (OLMS), Office of the Assistant Secretary for Administration and Management (OASAM), Office of the Assistant Secretary for Policy (OASP), Office of the Chief Financial Officer (OCFO), Office of Workers' Compensation Programs (OWCP), Ombudsman for the Energy Employees Occupational Illness Compensation Program (EEOMBD), Pension Benefit Guaranty Corporation (PBGC), Veterans' Employment and Training Service (VETS), Economic Data from the Department of Labor, Seasonal Employment / Part-Time Information, Handy Reference Guide to the Fair Labor Standards Act, Coverage Under the Fair Labor Standards Act (FLSA) Fact Sheet, Wage and Hour Division: District Office Locations, Severe Storm and Flood Recovery Assistance. Time spent traveling during normal work hours is considered compensable work time. PAYE for employers, getting started, reporting and paying HMRC, expenses and benefits. Time spent in training that is not required by the employer or by law in order for an employee to do his or her job is not counted as work time. If you require professional advice, please get in touch. In this example, since the flight is at 9.a.m., a time the employee would normally be at work, the travel time on the flight is considered work time. Answer under the FLSA: This employee should be compensated for their travel and work time from 9-to-5 on Friday and Monday, and assuming that they were a passenger in a plane and/or taxi during their travel home, and they were not asked to and did not perform any work during that travel time, they would only need to be compensated for that extra hour that they worked on Monday evening. Washington’s Department of Labor and Industries issued an administrative policy addressing when employers must count employee travel in a company-provided vehicle as hours worked. Normal commute/travel time to and from work is not compensated. It’s essential to keep employment contracts under review for all of your staff to ensure they’re up to date and legally sound. This will ensure there’s no room for confusion and will save any surprises on pay day. Recognition of Travel Time 208. 163. Get in touch with us to find out more about how we can help your business with friendly expert HR Support or with our powerful HR software. You could also consider offering staff time off in lieu for any business travel outside of their normal working hours. .manual-search-block #edit-actions--2 {order:2;} However, it’s not possible to predict exactly what will happen, so for the meantime, the above rulings still stand, but we’ll be sure to update you if anything changes. Law, crime and justice . Unions have welcomed a ruling by the European Court of Justice (ECJ) that travel time for mobile workers should be treated as working time. For more information, refer to the Safe Work Australia Travel Policy. PAYE for employers, getting started, reporting and paying HMRC, expenses and benefits. 5 reasons why small businesses invest in HR software, How to request a reference for a new employee, © 2021 citrusHR. If they do, and the employee doesn’t sign an opt-out agreement, you will need to reduce their hours. Each day, he must report to his employer’s headquarters at … Example 4: An employee's regular commute to and from work was 10 minutes. An individual’s travel is unlikely to count as working time if they: Our HR consultants can help guide you through your employee issues. Travel time is not considered work while commuting to and from the usual work place. An Employee travelling for official business is entitled to have travel time recognised as Ordinary Hours. from a plane or taxi). have the flexibility to manage their own work schedule. Payroll. Again, to embark on this career, you will need to obtain a law degree and be … However, the court did not agree with this argument. See 29 CFR § 785.35One exception to this general rule is when an employee’s workday has ended and they are called back to work. Response to COVID-19; About B.C. The travel time should be paid at the employee's regular rate of pay; however, it is permissible to have a wage agreement whereby employees are paid at a lower rate (at least minimum wage) for compensable travel time and other types of non-productive work time, as noted in 29 C.F.R. Should travel time for mobile workers be counted as working time? Travel to a remote worksite . info@citrushr.com 0333 014 3888 Start your free 14-day trial. Time spent traveling, during normal work hours, to and from a work site or to and from another city is counted as hours worked, whether as a driver or passenger by car or common carrier (airplane, train, boat, bus). The European Court of Justice stated that employers can monitor employee travel times to make sure they are being properly recorded. .table thead th {background-color:#f1f1f1;color:#222;} [CDATA[/* >