When does travel time count towards unpaid overtime under Texas law?

Texas employees are often required to travel extensively as part of their job duties. Thus, it is important to determine whether travel time should be used to calculate unpaid overtime under the Fair Labor Standards Act. Time spent by an employee in travel as part of his primary activity, such as travel from jobsite to jobsite during the workday, must be considered as hours worked under the FLSA. 29 CFR 785.38.

For example, if an employee reports to his employer’s office to start the day and is then sent to another job site, all time spent traveling to that worksite and back again to the main office must count as work time for the purposes of overtime. Some workers normally report to a number of jobsites each day as part of their duties. All of this time is compensable and should be used to determine unpaid overtime. Overnight travel (i.e. time spent traveling from the workplace to the ultimate destination) is also typically included as work time for the purposes of determining unpaid overtime. However, time spent by the employee at his or her hotel is generally not counted as work time, unless the employee is working at the hotel. Finally, an employee’s normal commute to and from home is generally not considered work time. 29 CFR 785.35.

About the Author: I represent individuals in a variety of matters, including employment claims for lost wages. While my office is located in Fort Worth, I am admitted to practice in every state and federal court in Texas, and I am able handle unpaid overtime cases in Dallas, Fort Worth, Denton, Houston, Waco, Austin, San Antonio, and across Texas. If you believe you may be owed unpaid overtime, call me at 817.908.9861 or fill out my contact form for a free evaluation.