When should I be paid for travel time?

As an experienced overtime attorney, I am often asked when employers must pay their employees for travel time.  In Walters v. Professional Labor Group, LLC (7th Cir. 2024), the Seventh Circuit clarified the rules surrounding compensable travel time under the Fair Labor Standards Act (FLSA), particularly in cases involving overnight travel for employees working at remote job sites.

Background of the Case

The case centered on employees—tradesmen—who worked for Professional Labor Group (PLG). These employees were frequently required to travel to remote client sites for extended periods, sometimes staying for days or even weeks at a time. They sued PLG, claiming that the company failed to compensate them for the travel time spent traveling to and from these sites, which they argued should count as work hours under the FLSA.

Key Issue: Is Travel Time Compensable?

Under the FLSA, employers must compensate employees for time worked beyond the standard 40-hour workweek, including overtime. The key question in Walters was whether the time the employees spent traveling to remote job sites was compensable under federal law.

Court’s Ruling

The court ruled in favor of the employees, stating that their travel time was indeed compensable under the FLSA and that PLG was wrong to treat it as non-compensable.

  1. Ordinary Commuting vs. Travel Away from Home: The court emphasized that while ordinary home-to-work commuting is generally not compensable (as specified in 29 C.F.R. § 785.35), the tradesmen’s travel was not ordinary commuting. They didn’t return home each day; instead, they stayed at remote job sites for extended periods. This distinction meant their travel time didn’t fall under the “ordinary commuting” exception.
  2. Travel that Cuts Across the Workday: The court applied 29 C.F.R. § 785.39, which requires employers to compensate employees for travel time that occurs during their normal working hours, even on nonworking days, when the employee is away from home overnight. Since the tradesmen traveled during their regular work hours, even if that travel occurred on weekends or after regular workdays, it was considered compensable.
  3. PLG’s Arguments Rejected: PLG argued that the employees’ workdays began only when they arrived at the job site, and therefore their travel time wasn’t part of their workday. The court disagreed, pointing out that FLSA rules on compensable travel time apply regardless of when the employees began actual work on the job site. It was the fact that the travel happened during normal working hours, not the arrival at the job site, that determined compensability.
  4. Substitution of Travel for Other Duties: PLG also argued that the employees’ travel didn’t “substitute” for work duties, which is another key consideration under 29 C.F.R. § 785.39. However, the court clarified that while the regulation provides the substitution concept as a rationale, it doesn’t require strict substitution to trigger compensability. Travel during regular working hours, even on days off, is compensable.

Impact of the Decision

The Walters decision highlights an important distinction in travel time rules under the FLSA. While ordinary commuting is generally non-compensable, employees who travel away from home for extended periods, especially when travel occurs during regular working hours, are entitled to compensation. This ruling ensures that companies must consider the nature and timing of travel when determining what constitutes compensable work time.

For employers, this decision is a reminder to closely examine how travel time is handled, particularly for employees on assignments away from home. Failing to compensate employees for travel time could lead to costly legal battles and liability for back wages, especially in industries where overnight travel is routine.

Conclusion

The Walters v. PLG case reinforces the need for employers to compensate employees for travel time that occurs during regular working hours, even if the travel happens outside the traditional 9-to-5 workday. As the court explained, the FLSA was designed to ensure that employees are fairly compensated for all time spent working, including travel time that takes them away from home overnight.

If you frequently travel and are not compensated for this time, it is important that you visit with an experienced unpaid overtime attorney as soon as possible to learn of your legal rights.  Josh Borsellino represents workers on claims for unpaid overtime.  For a free consultation, call Josh Borsellino today at 817.908.9861, email him here, or fill out this contact form.  Borsellino PC handles unpaid overtime claims on a contingency fee basis, meaning our firm charges you nothing to file your case and will only be paid if we successfully recover money for you.  

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