|- FLSA Section 14(c) Advisor|
Travel Time and Hours Worked Under the FLSA
Time spent by workers with disabilities being transported to and from a worksite and their homes (including group homes and dormitories) by the employer at the beginning and end of a day is not hours worked. Such transportation retains the characteristic of normal home to work travel, and thus the time need not be compensated.
When workers with disabilities report to a centralized pick-up spot to get a ride in their facilitys vehicle to a remote job site that may not be readily accessible by public transportation, such transportation retains the characteristic of normal home to work travel. Such travel does not constitute hours worked so long as the workers with disabilities do not perform any work at the pick-up spot, do not engage in any task that could be considered an integral part of their principal activity, and retain the option to transport themselves to the job site.
At times, because of their disabilities, workers option to transport themselves to the job site may be only theoretical. For example, a worker with a disability may not be eligible for a drivers license or his or her guardian may be unable to provide transportation. The fact that the transportation option is only theoretical does not change the U.S. Department of Labors position that such travel is not hours worked nor compensable.
Any time spent in transportation between job sites during the course of a workday is hours worked, and the employee shall be paid a wage rate that is at least equal to his or her average hourly earnings during the most recently completed representative period, not to exceed a quarter (calendar or fiscal). An employer must be consistent in the method used when computing the employees average hourly earnings.
For more information about travel time and hours worked, please visit the FLSA Hours Worked Advisor.
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