Normally, an employee’s travel or commuting time is not compensable travel time under the federal Fair Labor Standards Act. But when employees travel overnight and stay away from home, different rules apply.
A federal appeals court FLSA decision in a case from Indiana found that the travel time of employees who went to client sites and stayed for days was compensable travel time.
Professional Labor Group, LLC is a staffing firm that provides supplementary construction and industrial workers. It usually requires its workers to go to a client’s remote site and stay until the work is done, typically for a few days or weeks.
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PLG compensates tradesmen for travel time without counting it as hours worked.
James Walters, a skilled tradesman, worked for PLC as an hourly, non-exempt employee for about five months in 2021. He said he often traveled to and from remote job sites during what he considered his normal workday, and he sued to be paid for that time.
In addition to claiming he should be paid for the time, he asserted that the travel time should count toward overtime.
A district court ruled for Walters, finding that travel to overnight work assignments is compensable travel time when it occurs during normal working hours.
PLG then appealed that ruling...
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