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Tuesday, April 7, 2026

Do We Have to Pay for That? Part 2—Travel and Commute Time (in a Post-Pandemic World) - Law and the Workplace

In this blog series, we look at a variety of activities and discuss whether an employer has to pay its non-exempt (i.e., overtime-eligible) employees for their time spent engaging in them. We’ll focus on federal law, but as with all wage and hour issues, applicable state and local laws must be considered as well. Also, while we discuss the guiding principles, employers should always seek counsel on how to apply those principles to their specific facts.

In our first installment of this series, we looked at the compensability of time spent in COVID-19 vaccination, testing, and screening activities. Today, we’re looking at work-related travel time, including time spent getting to and from the office or other worksite.

Two Fundamental Principles

Two fundamental principles run throughout the rules on travel time. The first is that in all circumstances, all time spent actually performing work-related tasks (regardless of the day of the week, time of day, or location) is paid time. See 29 C.F.R. § 785.41 (“Any work which an employee is required to perform while traveling must, of course, be counted as hours worked.”).

The second fundamental principle—a cornerstone of the 1947 Portal-to-Portal Act amendments to the Fair Labor Standards Act (FLSA)—is that time employees spend commuting from home to their place of work before the beginning of the workday and from work back home at the end of the workday is not considered time worked and therefore is not time for which employees...



Read Full Story: https://www.lawandtheworkplace.com/2022/03/do-we-have-to-pay-for-that-part-2-...