Get in touch on info@citrushr.com or give us a call on 0333 014 3888 to find out more about how we can help your business with friendly, expert HR support. Recognition of Travel Time 208. Travel Time. You could also consider offering staff time off in lieu for any business travel outside of their normal working hours. #views-exposed-form-manual-cloud-search-manual-cloud-search-results .form-actions{display:block;flex:1;} #tfa-entry-form .form-actions {justify-content:flex-start;} #node-agency-pages-layout-builder-form .form-actions {display:block;} #tfa-entry-form input {height:55px;} Each day, he must report to his employer’s headquarters at … 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. Travel to a remote worksite . This should be standard practice: an office worker doesn’t get paid going from home to the office, but would expect to be paid for the time spent travelling from the office to meet a client in the middle of the day. 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'. Employers also need to consider how travelling time factors into the maximum time employees are legally allowed to work each week. Handy Reference Guide to the Fair Labor Standards Act - Answers many questions about the FLSA and gives information about certain occupations that are exempt from the Act. 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. 164. Before sharing sensitive information, make sure you’re on a federal government site. p.usa-alert__text {margin-bottom:0!important;} This applies when a worker doesn’t have a fixed place of work but is required to travel from home at the beginning of the day to the premises of a customer, and to return home from the premises of another existing customer – following a list or route determined by the employer. 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. Registered in England. Paying staff for travel time, particularly within the domiciliary care sector, has been the subject of recent publicity after an internal company review by one of the largest care providers in the UK suggested it had failed to pay the National Minimum Wage. Read about a 2020 court case. For the purposes of overtime there are no special categories of work time that aren’t included. Time when you actually perform work (i.e. This is exclusive of the one (1) hour lunch break. Individual states' laws and regulations may vary greatly. It does not matter whether the employee works at a fixed location or travels to a different job site each day. @media (max-width: 992px){.usa-js-mobile-nav--active, .usa-mobile_nav-active {overflow: auto!important;}} 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. If a collective agreement is in place, provisions in the agreement may determine how travel time is managed. • As permitted by California law, the Company will pay employees for travel hours at a special travel rate of $___ [at least minimum wage]. Company Number 08452449. Example 4: An employee's regular commute to and from work was 10 minutes. 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. It’s important to remember that although the Working Time Directive states which hours should be counted as working time, it doesn’t have anything to do with paying employees. 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. Charlie Taylor. The European Court of Justice (ECJ) decided in September 2015 that travel time counts as working time. Filter Document Types: Filter Dates: Applies to News & White … Travel between worksites includes travel within a single day between multiple work sites. HOURS OF WORK OF EMPLOYEES Article 83 of the Labor Code enunciates that the normal hours of work of any employee shall not exceed eight (8) hours a day. 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. An Employee must have prior approval from the Chief Executive Officer to undertake travel for official business and to commit expenditure in relation to that travel. 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. Health and safety at work. In general, your business should pay employees for the time they spend traveling for work-related activities. In other words, compensation for travel time tends to be a non-exempt affair. Travel Time Employers may be required to pay nonexempt employees for time traveling to, and attendance time at, a work-related function. Answer: Yes. 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. 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. Normal commute/travel time to and from work is not compensated. PAYE for employers, getting started, reporting and paying HMRC, expenses and benefits. The .gov means it’s official. 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. Some employers have argued that the inclusion of travel time in the concept of working time may lead to inexpedient results. reporting for work, pay for travel time will not begin until the employee reaches the terminal. Read the complete analysis. div#block-eoguidanceviewheader .dol-alerts p {padding: 0;margin: 0;} They have no control over where they travel to and are not able to spend their time freely. If an employee’s working day is extended to include travel time, you may be … Exempt employees generally are not entitled to additional compensation for travel time. 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. 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). Travel to and from the hotel and airport must also be paid if it falls during the employee's normal hours. You cannot claim overtime due to a commute from home to work, because this does not involve work nor does the employer require it. Again, to embark on this career, you will need to obtain a law degree and be … Take the stress out of HR with help from our friendly experts and easy to use HR software. The Court noted that, prior to the closing of the regional offices, the company had treated the travelling time … Recognition of travel time 165. 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. FOCUS The EU's highest court has ruled that the time those with no fixed place of work spend travelling between home and their first and last places of work each day counts as 'working time' - but this does not necessarily entitle them to extra pay. Travel time can include both local trips and travel away from home. This will ensure there’s no room for confusion and will save any surprises on pay day. An employer must pay an employee for travel time if the employee is performing actual work during that time—when the employee is using his or his employer’s vehicle for work-related purposes. This means there’s no automatic obligation to pay workers for travel time unless the travel is for business purposes, so it is down to your discretion as an employer. have the flexibility to manage their own work schedule. For further information, refer to the Safe Work Australia Travel Policy. .agency-blurb-container .agency_blurb.background--light { padding: 0; } Traveling to and From Work. This IPG is intended to clarify the definition of hours of work pursuant to Division I, Part III of the Canada Labour Code (Code). 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. In what circumstances is travelling time included in the working time calculation? While travelling on Agency business, all employees are entitled to accommodation (consistent with Agency travel rates), meals and transport without personal expense. We’ve put together this article in order to answer any questions you have and restore your confidence that you’re doing things right. 207. The thorny question for Mark and thousands of other care workers is whether they are being paid for the time it takes them to travel between care appointments. In general, employers must pay you for this time if you must travel to accomplish the day’s work. You don't have to pay employees for travel that is incidental to the employee's duties and time spent commuting (traveling between home and work). Response to COVID-19; About B.C. .dol-alert-status-error .alert-status-container {display:inline;font-size:1.4em;color:#e31c3d;} Normal travel from home to work and return at the end of the workday is not work time. Payroll. Ordinary travel between work and home is not compensable travel time. Overnight travel or travel away from home is always work time under California law. Unions have welcomed a ruling by the European Court of Justice (ECJ) that travel time for mobile workers should be treated as working time. 4. 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. If you’re unsure about when travel time constitutes working time for your employees, our HR consultants can help. Federal government websites often end in .gov or .mil. It depends on the reason for the trip, the employee's usual work hours, and whether the employee stays overnight for work. Share . 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. HR Issues & Laws Wage & Hour Issues: Travel Time. An individual’s travel is unlikely to count as working time if they: Our HR consultants can help guide you through your employee issues. Washington minimum wage laws do not specifically address when employers must count employee travel time as hours worked for purpose of its minimum wage and overtime requirements. .usa-footer .grid-container {padding-left: 30px!important;} In these situations, it’s advisable to pay employees their normal wage or salary as well as expensing them for their travel. Time spent traveling during normal work hours is considered compensable work time. This provision is codified in 5 U.S.C. Please consult your state department of labor for this information. 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. 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. However, the court did not agree with this argument. 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. Health and safety at work. Travel to and from the hotel and airport must also be paid if it falls during the employee's normal hours. /*-->*/. To understand the laws around when ‘travel time’ counts as working time, there are two key rulings you need to know about. For every 24-hour period, workers are entitled to at least 11 hours of rest. Accidents, health and safety law and workplace conditions. 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. For every 24-hour period, workers are entitled to at least 11 hours of rest. Young workers, apprentices and work experience Rules on working hours and rest breaks for young workers aged 16 and 17. 206. .cd-main-content p, blockquote {margin-bottom:1em;} 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. Jobs with different working time rules to the working time regulations. Time” and only pay overtime when the employer exceeds 40 hours of “regular work” time per week. Law, crime and justice. Another area of law that would allow you to travel for work would be corporate law. When travel time is work. 's Justice System ... Employees do not need to be paid their usual hourly rate for travel time, but they must be paid at least minimum wage. 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. Europe's top court ruled Thursday that employees who have to travel to different sites for their work must be considered 'on the job' from when they leave their homes to when they return. 1-866-487-2365 Law, crime and justice . 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. Deciding whether overnight travel time counts as compensable time can be tricky, but an Austin employment law attorney at Ross • Scalise Law Group can help. Do you pay your staff for travel time? We work in the telecoms industry visiting multiple sites daily. The site is secure. The European Court of Justice stated that employers can monitor employee travel times to make sure they are being properly recorded. Answer: No. Payroll. 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. Some employers have argued that the inclusion of travel time in the concept of working time may lead to inexpedient results. Resources. Coverage Under the Fair Labor Standards Act (FLSA) Fact Sheet - General information about who is covered by the FLSA. This provision applies only if the travel is within the normal commuting area for the employer's business and the use of the vehicle is subject to an agreement between the employer and the employee or the employee's representative. When does a contractor become an employee? Travel between worksites includes travel within a single day between multiple work sites. Same Day Travel. 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. 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. Travel time is considered compensable work hours where the employer requires its employees to meet at a designated place, use the employer’s transportation to and from the worksite, and prohibits employees from using their own transportation (Morillion v.Royal Packing Co., 22 Cal.4th 575 (2000)). Time and Travel. Time employees spend traveling on transportation that an employer provides but does not require its employees to use may not be compensable as ‘hours worked.’ [Citation.] .h1 {font-family:'Merriweather';font-weight:700;} The Portal-to-Portal Act makes clear that employers do not need to pay employees for time spent traveling from their homes to their workplace before the start of the workday or traveling from their workplace to their homes after the workday is over. 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). 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. When employees are required to travel for a business purpose, for example to meet clients or attend a meeting at a different site, this should be counted as working time. #block-opa-theme-content > div > div.guidance-search > div.csv-feed.views-data-export-feed {display:none;} However, the court did not agree with this argument. In order to assess whether time is “working time”, the following three questions must be asked: Related Topics. The laws around travelling for work, and if this counts as ‘working time’, can seem complicated. Does commuting time count as working time? Accidents, health and safety law and workplace conditions. 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. In an eight-hour shift, they would perform only six hours of work. 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. The Federal Workforce Flexibility Act of 2004 (Public Law 108-411, Section 203, October 30, 2004), established a new form of non-monetary compensatory time off for time spent by an employee in a travel status when such time is not otherwise compensable (i.e., when the travel is not during regular duty hours or otherwise considered hours of work). Travel time is not considered work while commuting to and from the usual work place. Please don’t rely on it as legal or other professional advice as that is not what we intend. Time spent traveling during normal work hours is considered compensable work time. Rule 5200.0120(1). An employer is generally not required to pay an employee for commuting between home and work. For the most part, attorneys won't bill you at their hourly rate while they are traveling. If an employee is sent out-of-town multiple days for work, travel time that is outside of their usual work time is counted. The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely. Employees must arrive ready to work the hours they are scheduled. It set forth four, non-exclusive factors to be considered when determining if an employee is on duty while traveling in a company-provi… If you require professional advice, please get in touch. 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.