Should Employees Be Paid for Travel Time? (w/Examples) + FAQs

Employees should be paid for most work-related travel time, but not for ordinary commuting. 

The key factor is whether the travel is part of their job duties or just getting to and from their regular workplace. Under the Fair Labor Standards Act (FLSA), a federal law that sets wage rules for most workers, compensable travel time happens when an employee travels as part of their main job responsibilities, while non-compensable travel is the typical home-to-work commute. Recent data shows that travel time disputes cost employers millions in back wages and penalties annually—making it critical for both workers and business owners to understand these rules.

What You’ll Learn:

🕐 When travel time legally qualifies for payment and the specific FLSA rules that determine compensable hours

💰 How much employers can pay for travel time and whether rates can differ from regular work pay

📍 State-specific rules that go beyond federal law, especially in California, Maryland, and Oregon where protections are stricter

⚖️ Real-world scenarios showing exactly when you should be paid and when you shouldn’t

🚨 Common mistakes employers make that lead to unpaid wage claims, lawsuits, and serious penalties

The Federal Foundation: Understanding the Portal-to-Portal Act and FLSA Travel Time Rules

The Fair Labor Standards Act, passed in 1938, governs when employers must pay workers. In 1947, Congress added the Portal-to-Portal Act to clarify one specific issue: whether employees had to be paid for time spent traveling to and from their place of work. This law created a critical distinction that still applies today.

The Portal-to-Portal Act states that ordinary commuting time—traveling from home to your regular workplace at the start of the day and returning home at the end—is NOT compensable work time. This applies regardless of how long your commute takes or whether you travel alone or with coworkers. The reasoning is that commuting is considered your personal responsibility, not work the employer required you to perform. The phrase “portal-to-portal” refers to the physical entrances (portals) of your home and your workplace. Everything outside those two points during your regular commute is your own time.

However, the FLSA and its regulations establish clear situations where travel time IS compensable. The central rule is that travel time must be paid if it is “integral and indispensable” to your principal activities—meaning the work you were actually hired to do. When you travel as part of performing your job duties, or when your employer controls the travel and requires you to be at specific places, that travel time becomes hours worked and must be compensated.

The distinction between commuting and work-related travel hinges on one question: Is the travel part of your actual job, or is it just how you get to where your actual job happens?

Travel Time Rules by Type: The Core Categories

Category 1: Travel Between Job Sites During the Workday (“All in a Day’s Work”)

When your job requires you to travel from one work location to another during the same workday, that travel time is compensable. This is called the “all in a day’s work” rule, because traveling between locations is part of your actual principal activity.

The key trigger is whether you have already started your workday. Once you clock in or begin working at your first location, any travel to other work locations counts as paid time. This continues until you either return to your first location or complete your final work activity for the day.

Example: A plumber works for a company that services residential clients. She arrives at the company office at 7:00 a.m. to pick up tools and receive the day’s assignment. She leaves at 7:30 a.m. to drive to the first client’s home (30 minutes). She completes the work and drives 25 minutes to a second client. After finishing there, she drives 20 minutes back to the office, arriving at 3:00 p.m. The drive from home to the office is NOT paid. However, the 30-minute drive from the office to the first client, the 25-minute drive between clients, and the 20-minute drive back to the office ARE all paid. She records 1 hour and 15 minutes of paid travel time that day.

Another example: A delivery driver’s route requires visiting ten different addresses throughout the day. The drive from home to the first address is not paid. However, the 5-minute drives between each address, and the final drive back to the distribution center, are all compensable. Even though driving between locations is the core of the job, the travel only becomes paid once the workday begins.

Category 2: Same-Day Travel to Another City (Special One-Day Assignment)

When your employer sends you to work in a different city and you return home the same day, you get paid for the travel time—but with an important adjustment. According to federal regulations, you receive compensation for the travel time that exceeds your normal commute time.

The logic here is that your employer cannot avoid paying you simply by sending you across town instead of letting you work at your regular location. However, you don’t get paid twice for commute time. If you normally drive 30 minutes to reach your regular office, and you’re sent 90 minutes away for a one-day assignment, you get paid only for the extra 60 minutes each way.

Example: You normally work at an office 30 minutes from your home. Your employer sends you to an all-day training session 90 minutes away. You drive 90 minutes to get there (travel time paid: 60 minutes, since 30 minutes equals your normal commute). You attend the training for 4 hours. You drive 90 minutes back home (travel time paid: 60 minutes). Your total paid time that day is 4 hours of training plus 2 hours of travel = 6 hours, not 8 hours. Without this adjustment, employers might be tempted to avoid paying for travel by claiming it’s just an extended commute.

Another example: You work in New York and are sent to Philadelphia (2 hours away) for a client meeting and return the same day. Your regular commute is 45 minutes. You receive paid travel time of 1 hour and 15 minutes each way (2 hours minus 45 minutes twice), plus the meeting time.

Category 3: Overnight Travel (The Most Complex Category)

When your job requires you to travel away from home and stay overnight, the rules shift significantly—and this is where most disputes arise. Travel time that keeps you away from home overnight is compensable when that travel cuts across your regular working hours, regardless of whether the travel occurs on a day you normally work.

This rule was reinforced recently by a major federal court decision. In Walters v. Professional Labor Group LLC (Seventh Circuit, October 2024), the court ruled that workers sent to remote job sites for multiple days were entitled to compensation for travel time that occurred during their normal work hours, even on Saturdays and Sundays when they didn’t normally work. The court emphasized that the key issue was whether the travel fell within the employee’s normal work hours—not whether it fell on a normal work day.

Here’s why this matters: Imagine you normally work Monday through Friday, 8:00 a.m. to 5:00 p.m. Your employer sends you to another state for a week-long project. You fly on Sunday at 2:00 p.m., arriving Monday morning. Because the travel occurs at a time you would normally be working (2:00 p.m. is during your typical work hours), you must be paid for it—even though it’s Sunday. This prevents employers from avoiding travel pay by scheduling trips for weekends.

Example: You work Monday-Friday, 9:00 a.m. to 5:00 p.m. Your employer assigns you to work at a client site four hours away, staying overnight. You leave Friday at 3:00 p.m. and arrive at 7:00 p.m. You work Saturday and Sunday at the client site, and you travel back home Monday, arriving at 4:00 p.m. How many hours of paid travel time do you receive?

• Friday 3:00 p.m. to 7:00 p.m. = 4 hours, but only the hours between 3:00 p.m. and 5:00 p.m. fall within your normal work hours. So 2 hours are paid.
• Saturday and Sunday travel = No travel occurred, so no paid time for these days.
• Monday 12:00 p.m. to 4:00 p.m. (return travel) = 4 hours, but only the hours between 12:00 p.m. and 5:00 p.m. fall within your normal work hours. So 4 hours are paid.
• Total paid travel time = 2 hours + 4 hours = 6 hours

Importantly, time spent at the hotel, eating meals, sleeping, or engaging in personal activities is NOT compensable, even during normal work hours. Once you arrive at your destination and are free to do what you want, you’re off the clock.

Special consideration for drivers: If you are the driver (not a passenger), you must be paid for the entire driving time, even if it falls outside your normal work hours. This is because you’re performing work—driving—throughout the entire journey.

Category 4: Airport, Terminal, and Waiting Time

Time spent at airports, train stations, or bus terminals waiting for transportation is compensable if it falls within your normal working hours. Waiting time is considered part of the travel activity because you are under your employer’s control and cannot pursue personal activities.

However, time spent traveling to or from the airport (if within your normal duty station and similar to your regular commute) is not compensable. The distinction is between traveling to the airport and waiting at the airport. If you normally work 8:00 a.m. to 5:00 p.m., and your flight departs at 2:00 p.m., the waiting time at the airport from 11:00 a.m. (or when you arrive) until 2:00 p.m. is paid—but only if it falls between 8:00 a.m. and 5:00 p.m.

Example: You work 8:00 a.m. to 5:00 p.m. You’re required to fly to a conference and your flight departs at 3:00 p.m. You arrive at the airport at 1:00 p.m. and wait in the terminal. Paid time: 1:00 p.m. to 3:00 p.m. = 2 hours (all within normal work hours). If your flight departed at 6:00 p.m., you would only get paid for 5:00 p.m. to 6:00 p.m. if waiting, since 1:00 p.m. to 5:00 p.m. represents your normal work hours and you would have already been scheduled to work.

State-Specific Rules: Where Federal Law Isn’t Enough

While federal FLSA rules apply nationwide, many states have passed their own laws that provide greater protections to employees. These state rules sometimes go beyond the FLSA and do not adopt the Portal-to-Portal Act’s commute exemption.

California: Strictest Rules in the Nation

California’s labor laws are notably more protective than federal law. Under California Labor Code Section 2802 and IWC Wage Orders, any travel that an employer requires and that is under the employer’s control is compensable—including travel that would not be compensable under the FLSA.

California does NOT adopt the Portal-to-Portal Act. This means that travel to a special job site or from an employer’s designated meeting location to a work site can be compensable even if the federal rules would exclude it.

Key California rule: If your employer exercises control over you during travel—such as requiring you to use employer-provided transportation, requiring you to travel with coworkers in a company vehicle, or requiring you to report to a specific location before traveling to the job site—that travel time is compensable. Your employer must pay you at least minimum wage for travel time, but may pay a different (lower) rate if the rate is at or above minimum wage and you received written notice in advance.

Additionally, California requires employers to reimburse all necessary travel expenses (parking, tolls, mileage when using your own vehicle, lodging). This is separate from travel time pay and mandatory.

Example: A construction crew of four is required to arrive at the company yard at 6:00 a.m., pick up materials and tools, and ride together in a company van to the job site 45 minutes away. In California, all four workers must be paid from the time they arrive at the yard (when they come under employer control) through the van ride to the site. In other states, this might not be compensable.

Maryland: No Portal-to-Portal Exemption

A landmark 2022 Maryland court decision ruled that Maryland law does NOT incorporate the federal Portal-to-Portal Act. This means Maryland courts take a broader view of what constitutes “hours worked.”

Under Maryland’s Wage and Hour Law, travel time is compensable when an employee is “(1) on the employer’s premises, (2) on duty, or (3) at a prescribed workplace.” The case specifically found that travel from an employer-designated parking lot to a construction worksite is compensable because the employee was required to be at the parking lot, which is an employer-prescribed location.

This makes Maryland more protective than the federal baseline, though less protective than California.

Oregon: The 30-Mile Rule

Oregon has specific rules for employees with fixed job locations. If your employer requires you to report to a work site more than 30 miles away from your regular location, the travel time is compensable. This is in addition to standard federal rules about travel between sites and overnight travel.

Oregon also clarifies that mileage reimbursement is not mandatory (unlike California), but if provided, it is separate from travel time pay.

Illinois: Broad “Hours Worked” Definition

Illinois courts generally follow federal rules but interpret them broadly. Same-day out-of-town travel is compensable, as is any travel during the workday when between job sites. Illinois also recognizes that drivers are always paid for their driving time (except normal commutes), and overnight travel during normal work hours is always compensable.

Texas, Florida, and Other States

Most other states follow federal FLSA rules closely, though with variations. Texas, for example, requires that travel “cutting across the workday” be paid, similar to the federal rule. Florida follows federal guidelines but clarifies that emergency callbacks and special assignments qualify for compensation.

The safest practice for employers operating in multiple states is to comply with the strictest rule that applies to any employee’s location.

Calculating Travel Time Pay: Rates, Overtime, and Hidden Complications

What Rate Should Be Paid?

Under federal law, travel time must be paid at a rate equal to the employee’s regular hourly rate—but employers may pay a different (lower) rate if certain conditions are met. The rate must be:

1. At least the applicable minimum wage
2. Clearly communicated to the employee in writing before the travel
3. Consistently applied

Example: An employee normally earns $20 per hour. The employer establishes a travel rate of $15 per hour (above the $7.25 federal minimum wage). If communicated in advance and in writing, this is legally permissible. However, if the employee travels 10 hours in a week, the overtime calculation becomes complex.

How Overtime Complicates Travel Pay

Here’s where many employers make costly mistakes. Compensable travel time counts toward the 40-hour weekly threshold for overtime eligibility. This means if your travel hours push you over 40 hours in a week, you must pay overtime rates (1.5 times your regular rate) for the excess hours.

The calculation becomes tricky when you have multiple pay rates. Under the FLSA, the “regular rate” for overtime purposes must include all compensation earned, including shift differentials, commissions, bonuses, and—importantly—any travel time pay at different rates.

Example of the complexity: You earn $20 per hour for regular work and $15 per hour for travel. In one week, you work 36 hours of regular work and 6 hours of travel.

• Regular work: 36 hours × $20 = $720
• Travel time: 6 hours × $15 = $90
• Total hours: 42 hours
• Hours over 40: 2 hours

For the 2 overtime hours, the calculation is:

• Total earnings: $810
• Divided by total hours: $810 ÷ 42 hours = $19.29 (blended regular rate)
• Overtime premium: 2 hours × ($19.29 × 0.5) = $19.29

So the employee receives $720 + $90 + $19.29 = $829.29 for the week.

Many employers incorrectly calculate this or fail to count travel hours at all when computing overtime.

Mileage Reimbursement vs. Travel Time Pay

A common source of confusion: mileage reimbursement is separate from travel time pay, not a substitute for it. If you drive your own vehicle for work, you should receive:

1. Travel time pay (for hours spent driving)
2. Mileage reimbursement (for wear and tear on your vehicle)

The current IRS standard mileage rate for 2025 is $0.67 per business mile. Many employers use this rate, though they are not required to by federal law.

Example: You drive your car for 100 miles on a work-related trip that takes 2 hours. You should receive:

• Travel time pay: 2 hours × your hourly rate
• Mileage reimbursement: 100 miles × $0.67 = $67

Some employers mistakenly think paying mileage eliminates the need to pay for travel time.

Three Popular Real-World Scenarios: When You Should (and Shouldn’t) Get Paid

Scenario 1: The Multi-Site Construction Crew

The Situation: A roofing company employs five non-exempt roofers. The crew arrives at the company office at 6:30 a.m. They travel 30 minutes to Job Site A, work for 4 hours, then travel 20 minutes to Job Site B, work for 3 hours, then travel 25 minutes back to the office, arriving at 4:45 p.m.

Total paid time: 4 hours work + 1 hour 15 minutes travel = 5 hours 15 minutes per employee that day.

Compliance tip: The company must track and record this travel time separately to (1) ensure payment, (2) verify it doesn’t create overtime, and (3) allocate costs to the correct job or project.

Scenario 2: The Sales Representative’s One-Day Trip

The Situation: A sales representative normally works at an office 20 minutes from home. Her employer sends her to a client meeting 2 hours away, returning the same day. She travels 2 hours to the client (leaves office at 10:00 a.m., arrives 12:00 p.m.), meets with the client for 1.5 hours, and returns 2 hours back to the office, arriving at 3:30 p.m.

Total paid time: 1 hour 40 minutes + 1.5 hours + 2 hours = 5 hours 10 minutes.

Note: If she drove directly from home to the client instead of the office, she still gets 1 hour 40 minutes travel pay (the amount exceeding her normal commute), not the full 2 hours.

Scenario 3: The Overnight Business Trip Complexity

The Situation: An employee normally works Monday-Friday, 9:00 a.m. to 5:00 p.m. She is sent to an out-of-state conference and stays overnight.

• Thursday: Works 9:00 a.m. to 5:00 p.m. (normal work). At 6:00 p.m., she leaves for the airport for a 7:30 p.m. flight. She boards at 6:45 p.m., flies for 3 hours, arrives at 10:45 p.m. She takes a shuttle to her hotel, arriving at 11:15 p.m.
• Friday: Sleeps in, arrives at conference at 10:00 a.m., attends sessions until 5:00 p.m., has dinner with colleagues, goes to bed.
• Saturday: Attends conference 9:00 a.m. to 3:00 p.m., flies home 3:00 p.m. to 6:00 p.m.

Total paid time: 7 hours (Friday) + 3 hours (Saturday conference) + 2 hours (Saturday flight 3-5 p.m.) = 12 hours paid

Critical note: This employee should also receive reimbursement for airfare, hotel, meals (usually), and possibly a rental car—these are travel expenses, not travel time pay.

Mistakes to Avoid: Why Employers Face Costly Violations

Mistake 1: Assuming All Commutes Are Non-Compensable

Many employers incorrectly believe that if an employee works at multiple locations or travels during the day, the commute to the first location is still non-compensable. This is true—but only if the employee goes directly home. If an employee reports to a company office, equipment yard, or other employer-designated location before traveling to a job site, that travel to the designated location is compensable.

Real consequence: A construction staffing agency was ordered to pay $278,073 in back wages to over 200 misclassified workers who were not compensated for travel to a designated meeting point before job site assignments.

Mistake 2: Failing to Count Travel Hours Toward Overtime

Employers who pay for travel time but don’t count those hours when calculating overtime face significant liability. Every compensable hour must count toward the 40-hour weekly overtime threshold.

Real consequence: A nursing home care management company was ordered to pay approximately $7 million in damages after a federal court ruled the company failed to pay home health aides for travel time between client locations and failed to count this travel toward overtime calculations.

Mistake 3: Misunderstanding Overnight Travel Rules

Many employers believe that travel on a weekend (when the employee doesn’t normally work) cannot be compensable. This is incorrect. If the travel occurs during what would be the employee’s normal work hours (even on a Saturday or Sunday), it is compensable.

The Walters v. Professional Labor Group LLC case in 2024 clarified this after a staffing agency argued that weekend travel to remote job sites didn’t need to be paid because Saturdays weren’t normal work days. The federal court disagreed, emphasizing that the critical issue is whether travel occurs during the employee’s normal work hours, not whether it occurs on a normal work day.

Mistake 4: Neglecting Waiting Time and Meal Breaks

Airport waiting time, time spent at a train station, and time waiting for connecting flights all count as compensable time if they fall within normal work hours. However, time spent on personal pursuits—meals taken during a break from travel, sleeping overnight at a hotel, sightseeing—does not count.

Common error: An employer required employees to arrive at an airport 2 hours early for security screening and to wait for their flight. The company paid only for the flight time, not the airport waiting time. If the waiting occurred during the employee’s normal work hours (such as a 9-5 employee leaving at 1 p.m. for a 4 p.m. flight), all waiting time is compensable.

Mistake 5: Imposing a Travel Time Cap

Some employers try to limit paid travel time by capping it at certain hours (like “8 a.m. to 6 p.m.”). If travel time falls outside these hours during the employee’s normal work hours, it must still be paid. For example, if an employee normally works 9 a.m. to 5 p.m. and travels during that time, the travel is paid even if the cap says 8 a.m. to 6 p.m.

Mistake 6: Not Paying for Training Travel

When employers send employees to mandatory training, conferences, or continuing education courses, the travel to reach that training is generally compensable. However, many employers fail to pay for this time, assuming it’s optional or unrelated to the job.

Rule: Training travel IS compensable if:

• The training is mandatory (or attendance is effectively required)
• The training is directly related to the job, or
• The employer requires the employee to attend

If all four of these are true, you do NOT have to pay:

• The employee attended voluntarily
• It was outside normal work hours
• It was not directly related to the job
• No work was performed

Do’s and Don’ts: Best Practices for Compliance

DO’s:

✅ DO track all travel time accurately. Use GPS systems, time tracking apps, or detailed logs to record when travel begins and ends. Many construction and field service companies use apps like Jibble, Timeero, or Hubstaff that integrate GPS tracking with payroll.

✅ DO communicate travel pay rates in writing before travel occurs. If you pay a different rate for travel than regular work, put this in writing and give it to employees in advance. Include this in your employee handbook or employment agreement.

✅ DO count all compensable travel hours toward the 40-hour weekly threshold for overtime. Train your payroll and HR team on this requirement. When calculating overtime rates with multiple pay rates, use the blended method.

✅ DO reimburse for travel expenses separately from travel time pay. If employees use their own vehicles, reimburse mileage (at least the IRS rate of $0.67/mile for 2025). If they stay overnight, reimburse lodging and meals.

✅ DO review your policies regularly, especially if you operate in multiple states. California, Maryland, and Oregon have rules stricter than federal law. Comply with the strictest rule that applies to your employees.

✅ DO distinguish between commute time and work-related travel. Home-to-work commutes are never paid (with rare exceptions). Travel during the workday or special assignments are paid.

✅ DO pay for time spent waiting at airports, train stations, or other terminals during normal work hours. This is considered part of the travel activity.

DON’Ts:

❌ DON’T assume all travel is non-compensable. Only ordinary commute time is excluded. Once an employee starts their workday or travels as part of their job duties, they must be paid.

❌ DON’T cap travel time at certain hours if travel actually occurs during an employee’s normal work hours. You cannot restrict payment to “8 a.m. to 6 p.m.” if an employee travels at 7 p.m. during their normal 9-5 schedule.

❌ DON’T fail to count travel toward overtime. Every compensable hour counts toward the 40-hour threshold. Failing to do this is a direct FLSA violation.

❌ DON’T use mileage reimbursement as a substitute for travel time pay. These are two separate obligations. Pay both.

❌ DON’T pay travel time at below minimum wage. Even if a reduced travel rate is permitted, it cannot go below the applicable minimum wage.

❌ DON’T round down or manipulate time entries for travel. The DOL allows rounding (to nearest 5 minutes, quarter-hour, etc.) only if it averages out fairly over time. Always-rounding-down violates the FLSA.

❌ DON’T assume weekend travel is never compensable. If an employee travels on Saturday or Sunday during hours they would normally work, they must be paid.

Pros and Cons: Should Your Company Pay for Travel Time?

Pros of Paying for Travel Time (Yes, Even for Employers):

➕ Reduces Legal Risk and Costly Lawsuits: Compliance prevents class action lawsuits, wage audits, and penalties. A single wage violation can cost hundreds of thousands in back pay and damages. One nursing home faced a $7 million judgment for failing to pay travel time.

➕ Improves Employee Retention: Employees who are fairly compensated and feel respected are more likely to stay. Travel time pay is often required by law, and employees increasingly know their rights.

➕ Simplifies Record-Keeping: Tracking and paying for travel creates clear documentation that protects you in audits or disputes. Lack of records is evidence against employers.

➕ Ensures Accurate Overtime Calculations: Counting travel hours prevents errors that result in underpayment and potential litigation.

➕ Maintains Accurate Project Costing: When travel is tracked and allocated to correct projects, you have better financial data for bidding and planning.

Cons of Paying for Travel Time (Challenges):

➖ Increases Labor Costs: Travel time pay increases payroll expenses, especially for jobs requiring significant travel. A crew with 5-10 hours of weekly travel per person significantly increases costs.

➖ Complicates Payroll Processing: Multiple pay rates, overtime calculations, and state-specific rules make payroll administration harder. Mistakes can be costly.

➖ Requires Better Tracking Systems: Accurate travel time tracking requires investment in time tracking software or careful manual logging. This is an administrative burden.

➖ Makes Pricing More Complex: If travel time increases labor costs, you may need to increase bids to clients, which could affect competitiveness.

➖ Requires Employee Training: Your team needs to understand and accurately report travel time. Misreporting by employees can create disputes.

Key Legal Entities, Court Rulings, and How They Apply

The Fair Labor Standards Act (FLSA) and Portal-to-Portal Act

The FLSA, enforced by the U.S. Department of Labor’s Wage and Hour Division, is the foundational federal law. It requires employers to pay minimum wage and overtime to non-exempt employees. The Portal-to-Portal Act (29 USC §§251-262), passed in 1947, specifically clarifies that ordinary commute time is not compensable.

How it applies: Every employer covered by the FLSA (which includes nearly all employers) must comply with these rules for non-exempt employees. Exempt employees (executives, professionals, etc.) are generally not entitled to travel pay.

Recent Landmark Court Case: Walters v. Professional Labor Group LLC (7th Circuit, October 2024)

This case directly involved travel time and clarified the rules for overnight trips. The plaintiffs were temporary staffing agency workers who traveled to remote job sites, stayed overnight, and worked for days or weeks before returning home. The company did not pay them for travel time.

The ruling: The Seventh Circuit (which covers Illinois, Wisconsin, and Indiana) ruled that the workers were entitled to compensation for travel time that occurred during their normal working hours, even on weekends. The court emphasized that the critical factor is whether travel occurs during the employee’s regular work hours—not whether it occurs on a regular work day.

Why this matters: This recent decision expands travel time pay protections across the Seventh Circuit and may influence other circuits. It signals that courts are taking a broader view of what constitutes compensable travel time for overnight assignments.

Maryland Supreme Court Decision: Amaya v. DGS Construction, LLC (2022)

Maryland’s Supreme Court ruled that Maryland’s Wage and Hour Law does NOT incorporate the federal Portal-to-Portal Act. This means travel from an employer-designated meeting point (like a parking lot) to a job site is compensable under Maryland law, even though the federal FLSA might not require it.

Why this matters: It demonstrates how state laws can provide greater protections than federal law. Any employer with Maryland employees must follow this stricter rule.

$7 Million Judgment: Nursing Home Care Management Class Action

The U.S. Department of Labor sued a nursing home care management company on behalf of home health aides who traveled between multiple clients’ homes during the day. The company did not pay for this travel time and did not count it toward overtime calculations.

The result: A federal court found the company willfully violated the FLSA and awarded approximately $7 million in damages. The Third Circuit Court of Appeals upheld the judgment, confirming that “the most natural reading of the FLSA and its accompanying regulations requires compensation for work-related travel during the workday.”

Why this matters: This case demonstrates the serious financial consequences of failing to pay for travel time and failing to count travel toward overtime.

FAQs: Your Top Travel Time Pay Questions Answered

Q: If I work from home and travel to the office, is that paid?

A: No. Travel from home to your regular office is ordinary commuting and is not paid, even if you work from home some days. However, if you work from home in the morning and then travel to the office to do something work-related before returning home, this may be compensable depending on circumstances. Consult an employment attorney if you believe your situation is unusual.

Q: Can my employer require me to use my own car for work travel?

A: Yes. Your employer can require you to use your own vehicle for work travel. However, you must be paid for the travel time, and your employer must reimburse you for mileage (usually at the IRS rate of $0.67 per mile as of 2025) and other expenses like parking and tolls.

Q: Is meal time during travel paid?

A: No. If you stop for a meal of 30 minutes or more and are relieved of all work duties, that meal break is not paid. However, if you’re traveling and stop for a quick 15-minute meal without fully stepping away from work, it likely counts as paid travel time.

Q: Can my employer pay me less for travel time than my regular rate?

A: Yes, but with restrictions. Your employer may pay a lower rate for travel time if (1) the rate is at least minimum wage, (2) your employer told you about this rate in writing before you traveled, and (3) you agreed to it. However, once you exceed 40 hours per week, overtime rules apply and calculations become complex.

Q: Do I get paid for travel time if I work on a laptop or phone during travel?

A: Yes. Any work you perform while traveling is compensable work time. If you’re answering emails, editing documents, or handling work tasks during travel, all of that time is paid and must be counted as hours worked for overtime purposes.

Q: What if my flight is delayed or I’m stuck in traffic?

A: It depends. If you’re stuck in traffic or have a flight delay, and the extra time falls within your normal work hours, it is compensable. If you’re stranded overnight due to a canceled flight and you’re a passenger (not driving), you do not get paid for the overnight time since you’re not under employer control. However, if you are a driver stranded overnight, you may have claims depending on circumstances.

Q: Do exempt employees get paid for travel time?

A: Generally, no. Exempt employees (salaried executives, professionals, etc.) receive their regular salary whether they travel or not. They are not entitled to separate travel time pay. However, if an exempt employee is required to travel extensively and is not given corresponding time off, there may be other legal issues involved.

Q: Can my employer require travel time to be “comp time” (compensatory time off) instead of pay?

A: For private sector non-exempt employees, no. Under the FLSA, travel time must be paid in money, not given as time off at some future date. (Federal government employees and some state government employees have different rules allowing compensatory time.)

Q: What do I do if my employer isn’t paying me for travel time I believe is compensable?

A: First, document everything. Keep records of all travel you performed, when it occurred, and how long it took. Write an email to your employer or HR department explaining the situation and requesting payment. Keep a copy. If they do not respond or refuse, you may have the right to file a wage claim with your state labor department or the federal Department of Labor’s Wage and Hour Division. You can also consult with an employment attorney about filing a lawsuit. Many employment lawyers work on contingency (no upfront cost) for wage cases.

Q: Can I sue my employer for unpaid travel time?

A: Yes. If you were not paid for compensable travel time, you may be able to sue for back wages, liquidated damages (equal to the amount owed), and attorney’s fees. In many cases, employees also join together in class action lawsuits, which strengthens the claim. Statutes of limitations vary by state (typically 2-3 years or more for willful violations).

Q: Does my employer have to pay for my commute if I work remotely and occasionally go to the office?

A: No. Commuting from home to the office remains non-compensable even if you work from home. However, if you work from home in the morning and are required to travel to the office for specific work-related purposes (not just a regular office day), the situation may be different. Consult an attorney if you believe you have a claim.

Q: Are employees in the gig economy (Uber, DoorDash, etc.) entitled to travel time pay?

A: This is complex and evolving. Traditional FLSA rules apply differently to gig workers. Many gig platforms consider driving time part of earning potential rather than compensable work time. However, laws are changing, and some jurisdictions are reconsidering gig worker protections. If you drive for a gig platform and have questions, contact your state’s labor department.