10 Commandments For Travel Time As Hours Worked (Or Not)

The Fair Labor Standards Act ("FLSA") is a statutory regime with teeth. Employers are wise to understand the ins and outs of the FLSA and how it demands that employers properly classify employees and compensable work time, deduct from pay, and record keeping.

This Freeman Law Insights blog addresses when a non-exempt employee must, under the FLSA, be paid for time spent in travel. If a state law provides greater benefit than the FLSA, the state law may control in a particular situation.

Cory's 10 Commandments for Travel Time as Hours Worked (or Not) under the FLSA:

1. General Rule. Normal travel from home to work and back is not worktime.
2. General Rule Elaborated. 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. The general rule applies only if the