The European Court of Justice (ECJ) decided in September 2015 that travel time counts as working time. But that doesn't mean you won't end up paying for that time, in a way. In other words, compensation for travel time tends to be a non-exempt affair. 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. Health and safety at work. This will ensure there’s no room for confusion and will save any surprises on pay day. It can be based on employee seniority or availability, or other criteria the employer chooses. 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 .gov means it’s official. They have no control over where they travel to and are not able to spend their time freely. If you’re unsure about when travel time constitutes working time for your employees, our HR consultants can help. In general, employers must pay you for this time if you must travel to accomplish the day’s work. 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. We’ve put together this article in order to answer any questions you have and restore your confidence that you’re doing things right. MN Admin. HR Issues & Laws Wage & Hour Issues: Travel Time. 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). p.usa-alert__text {margin-bottom:0!important;} .cd-main-content p, blockquote {margin-bottom:1em;} If an employee’s working day is extended to include travel time, you may be … If an employee is sent out-of-town multiple days for work, travel time that is outside of their usual work time is counted. For the purposes of overtime there are no special categories of work time that aren’t included. Liberty Mut. It is well accepted that the time required by an employee to get to and from work – commuting time - is generally not considered work time regardless of whether the employee starts and ends his day at his residence or at the employer’s lodging. Travel time can include both local trips and travel away from home. 206. It depends on the reason for the trip, the employee's usual work hours, and whether the employee stays overnight for work. If a collective agreement is in place, provisions in the agreement may determine how travel time is managed. #block-googletagmanagerfooter .field { padding-bottom:0 !important; } .agency-blurb-container .agency_blurb.background--light { padding: 0; } 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. Answer: Yes. 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. 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. 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. 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. Read about a 2020 court case. When travel time is work. from a plane or taxi). European ruling on work travel time may raise Irish wages bill Firms may have to pay employees without fixed base for journeys to and from work Sat, Sep 12, 2015, 01:00. Travel to and from the hotel and airport must also be paid if it falls during the employee's normal hours. To do so, you must ensure the employees are aware that this is happening and that you are being compliant with the GDPR (General Data Protection Regulations). Travel to a remote worksite . Example 4: An employee's regular commute to and from work was 10 minutes. Do you pay your staff for travel time? Workers are entitled to a rest break in each shift lasting more than six hours Time spent traveling during normal work hours is considered compensable work time. 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. Should travel time for mobile workers be counted as working time? The Supreme Court explained the rationale of this provision to safeguard the welfare of employees and to minimize unemployment. 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. Filter Document Types: Filter Dates: Applies to News & White … For example, where an employee hoping for a promotion with the employer takes training in order to qualify for it, time spent taking the training is not considered to be work time. Many employers try to pay for travel time but consider it a separate category like “Other time”, or “Non-productive Time”, or “Misc. 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. To understand the laws around when ‘travel time’ counts as working time, there are two key rulings you need to know about. In what circumstances is travelling time included in the working time calculation? Such travel time therefore is compensable as work time for both minimum wage and overtime purposes. 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. 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. This provision is codified in 5 U.S.C. Travel time is discussed in the Code of Federal Regulations (CFR), Title 29, Sections 785.33-785.41. If they do, and the employee doesn’t sign an opt-out agreement, you will need to reduce their hours. 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