Travel Pay Explained

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Did you know that your time clock doesn't always stop ticking when you leave the office? Indeed, there are scenarios where the journey is part of the job. Get ready to rethink your understanding of working hours. Travel time is one of those “soft” hidden activities employers may not think of as being compensable. The truth, however, is that there are circumstances where travel time is compensable. In many instances, the key issue is whether an employee is engaged in travel as part of the employee’s principal activity and/or for the benefit and convenience of the employer.


Our Agenda packs a punch of information and analysis:


  • "The Daily Odyssey": Explore Home-to-Work Commute Issues
  • "The Long Haul": Examine the dynamics of Overnight Travel
  • "On the Road with Company Wheels": Delve into the Use of Employer Vehicles
  • "Clocking Miles": Understand Compensation Issues Related to Travel Time
  • "Borrowed Time": Dive into Other Working Time Issues (time permitting)
  • • "Power Hours": Learn about Meetings and Training Time
  • "Always Ready": Discuss On-Call Time
  • "Digital Chains": Confront E-mail/Blackberry Cases

This webinar offers a dive into the intricate legal web and pragmatic guidance, all from the perspective of the Fair Labor Standards Act (FLSA). Together, we'll unravel the nuanced issues of employee travel, regardless of whether it's by road or sky. It's high time we pulled back the curtain on this overlooked yet significant aspect of employment.

  1. Introduction
  2. About Your Speaker 00:00:20
  3. Disclaimer 00:01:34
  4. Fair Labor Standards Act 00:02:20
  5. When Is Working Time? 00:05:04
  6. Hours Worked 00:08:41
  7. Key Takeaway 00:10:10
  8. Portal to Portal Act 00:10:39
  9. Integrity Staffing Sols, Inc v. Buck (S.Ct. 2014) 00:11:59
  10. Employee Commuting Flexibility Act 00:12:16
  11. Bennett v. McDermott Int’l, Inc. (5th Cir. 2021) 00:13:19
  12. Portal to Portal and Waiting in Line, Etc. 00:15:10
  13. Integrity Staffing Sols., Inc. v. Busk (S.Ct. 2014) 00:15:47
  14. Chagoya v. City of Chicago (7th Cir. 2021) 00:16:51
  15. Llora v. Sheriff, Collier County (11th Cir. 2018) 00:19:02
  16. Graham v. City of Chicago (N.D. Ill. 1993) 00:20:19
  17. Vaccaro v. Amazon.com.dedc., Inc. (D.N.J. 2021) (Applying New Jersey Law ) 00:21:34
  18. Motor Carrier Act Exemption Review 00:23:17
  19. Applies to Employees of Motor Carriers and Motor Private Carriers 00:24:24
  20. Applies to Safety Sensitive Roles 00:25:21
  21. Small Vehicle Exception 00:27:30
  22. Motor Carrier Exemption:  Drivers 00:28:34
  23. Drivers: Other Unique Issues 00:29:15
  24. Drivers: Other Unique Issues  Cont. 00:31:25
  25. Motor Carrier Exemption:  Driver’s Helpers 00:32:14
  26. Driver’s Helpers:  Unique Issues 00:33:05
  27. Motor Carrier Exemption:  Loaders 00:33:40
  28. Loaders:  Unique Issues 00:34:13
  29. Motor Carrier Exemption:  Mechanics 00:35:50
  30. Mechanics:  Unique Issues 00:39:16
  31. Rest or Meal Periods 00:37:08
  32. Rest and Meal Periods Hot Spots 00:40:19
  33. Ruffin v. MotorCity Casino (2018) 00:42:56
  34. Darden v. SW Ark. Develop., Inc. (W.D. Ark. 2017) 00:44:34
  35. Breastfeeding Breaks 00:46:31
  36. Sleeping Time 00:48:26
  37. Medical Examinations 00:49:45
  38. Training and Meeting Time 00:50:31
  39. Micewicz v. City of Memphis (6th Cir. 2014) 00:52:11
  40. Haszard v. Am. Med. Response Northwest, Inc. (D.Or. 2001) 00:53:23
  41. Maynor v. Dow Chem. Co. (S.D.Tex. 2009) 00:54:44
  42. On Call Time 00:56:10
  43. Wage and Hour Opinion Letter 2018-1 00:57:55
  44. Bright v. Houston Northwest Med. Ctr. Survivor, Inc. (5th Cir. 1991) 01:00:19
  45. Bright Cont. 01:01:19
  46. Overnight Travel 01:02:20
  47. The Regulation 01:03:38
  48. Deckler v. Constr. Specialties of Zeeland (W.D. Mich. 2012) 01:04:30
  49. Mendez v. Radec Corp. (W.D.N.Y. 2005) 01:05:32
  50. Telecommuting 01:06:30
  51. Telecommuting and Travel 01:08:45
  52. DOL’s Opinion 01:10:23
  53. Off the Clock Work 01:10:53
  54. Allen v. City of Chicago (7th Cir. 2017) 01:12:55
  55. Little v. Senterra LLC (S.D. Tex. 2018) 01:14:30
  56. Donning and Doffing Principles 01:15:43
  57. Donning and Doffing Principles Cont. 01:16:20
  58. Perez v. City of New York (2nd Cir. 2016) 01:17:26
  59. Collective Bargaining Agreements 01:18:48
  60. Sandifer v. U.S. Steel (S.Ct. 2014) 01:12:03
  61. Employee Expenses 01:20:52
  62. Expense Reimbursement 01:21:40
  63. Expense Reimbursement – Phone Usage 01:22:44
  64. Questions? 01:24:14
  • Wendy Sellers

    Wendy Sellers

    Wendy Sellers, MHR, MHA, SHRM-SCP, SPHR has 25 years of experience in HR, change management, operations, strategy, corporate culture, and leadership development in all size businesses (local startup to global enterprise) in a wide variety of industries including healthcare, professional services, hi [...]

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Affordable Care Act 00:46:37
Class Action 01:15:51
De Minimis 00:42:59
Department of Labor (DOL) 00:11:26, 01:09:57, 01:10:31
Employee Commuting Flexibility Act (ECFA) 00:12:22, 00:27:00
Expense Reimbursement 01:21:54
Fair Labor Standards Act (FLSA) 00:02:21, 00:08:59, 00:16:03, 00:21:44, 00:37:20, 00:44:45, 00:48:32, 01:04:50, 01:15:54, 01:21:09
Minimum Wage 00:05:22, 00:32:14
Motor Carrier Act Exemption 00:23:17
Overtime 00:03:17, 01:13:32
Portal-to-Portal Act 00:10:35, 00:12:19, 00:15:15, 00:21:48
Wage 00:01:29

Affordable Care Act: The Affordable Care Act, formally known as the Patient Protection and Affordable Care Act, and colloquially known as Obamacare, is a United States federal statute enacted by the 111th United States Congress and signed into law by President Barack Obama on March 23, 2010.

Class Action: An order that certifies a class action must define the class and the class claims, issues, or defenses, and must appoint class counsel under Rule 23(g). (C) Altering or Amending the Order. An order that grants or denies class certification may be altered or amended before final judgment.

De Minimis: Too trivial or minor to merit consideration.

Department of Labor (DOL): The United States Department of Labor is a cabinet-level department of the U.S. federal government responsible for occupational safety, wage and hour standards, unemployment insurance benefits, reemployment services, and some economic statistics; many U.S. states also have such departments.

Employee Commuting Flexibility Act (ECFA): The “Employee Commuting Flexibility Act” (Section 2102, Public Law 104-188) amended the Portal-to-Portal Act to allow employers and employees to agree to the use of employer-provided vehicles forcommuting to and from work, at the beginning and end of the workday, without the commuting time beingcounted as hours worked. In order for this commuting time not to be considered hours worked, the use ofthe employer’s vehicle must be within the normal commuting area for the employer’s business orestablishment and the use of the vehicle must be subject to an agreement between the employer and theemployee or employee’s representative.

Expense Reimbursement: Expense reimbursement is a method for paying employees back when they spend their own money on business-related expenses. These expenses generally occur when an employee is traveling for business but can occur in other work-related situations. (www.thebalancecareers.com)

Fair Labor Standards Act (FLSA): The Fair Labor Standards Act of 1938 29 U.S.C. § 203 is a United States labor law that creates the right to a minimum wage, and "time-and-a-half" overtime pay when people work over forty hours a week. It also prohibits most employment of minors in "oppressive child labor".

Minimum Wage: The lowest wage paid or permitted to be paid specifically fixed by a legal authority or by contract as the least that may be paid either to employed persons generally or to a particular category of employed persons.

Motor Carrier Act Exemption: Employees whose job duties affect the safety of the operation of vehicles in the transportation of passengers or property in interstate commerce may be exempt from FLSA overtime laws under the Motor Carrier Act.

Overtime: Overtime is time and a half of what an employee earns for every hour worked over 40 in a workweek. The FLSA salary threshold is the minimum salary employers must pay employees for them to be exempt from overtime wages.

Portal-to-Portal Act: An amendment to the Fair Labor Standards Act (FLSA) clarifying that certain activities are generally not compensable working time under the FLSA. The Portal-to-Portal Act provides that employers are not required to pay for the time employees spend on activities or traveling occurring before or after they perform the principal activities for which they are employed.

Wage: A fixed regular payment, typically paid on a daily or weekly basis, made by an employer to an employee, especially to a manual or unskilled worker.

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Webinar Survey Overall Rating

This webinar received a total of 2 survey responses. Attendees have given an average rating of 3.1 stars out of a possible 5, reflecting the quality and value of the content presented.

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Reviews From Webinar Survey

Our webinars are crafted to deliver exceptional value and insight to business professionals. Below, you'll find genuine feedback from attendees.

Sandra S.
March 6, 2024
1.8 / 5
Webinar Rating:
1.7 Stars
Speaker Rating:
2.0 Stars
Do you have any other comments, questions or concerns?
It is our first time using Aurora. It was very disappointing and NOT worth the money that we paid for this. The other two participants on my side shared my concern; too much time was spent on basic FLSA and then we were rushed through the Travel Pay items, which were the topic of the webinar. Also, the speaker continuously injected her opinion about how fair or unfair a law is, instead of plainly and objectively ensuring that we had the information on what the law says and what it is that we need to ensure that we abide by. For the above reasons, I am requesting that I am refunded for the cost of this training. Sandra SantosDirector of People OperationsQuality Enterprises239-435-7200 ext. [email protected]
Amanda K.
March 6, 2024
4.4 / 5
Webinar Rating:
4.7 Stars
Speaker Rating:
4.0 Stars
Do you have any other comments, questions or concerns?
Good information/refresher! I need to do some research for on-call to get a better understanding, but overall extremely informative and great presentation!

Frequently Asked Questions

Determining when employee travel time is compensable under the Fair Labor Standards Act (FLSA) is one of the most nuanced wage and hour compliance challenges employers face. The general rule, established by the Portal-to-Portal Act, is that ordinary commuting from home to work is not compensable. However, travel that is part of the employee's principal activity—or that takes place for the employer's benefit and convenience—typically must be paid. For example, travel between job sites during the workday is generally compensable. Travel to a distant worksite on a special one-day assignment is often compensable for the travel time that cuts into the employee's normal working hours. Overnight travel away from home is compensable when it occurs during the employee's normal working hours, including corresponding hours on non-working days. The use of employer-provided vehicles for commuting may be excluded from compensable time under the Employee Commuting Flexibility Act if specific conditions are met. Aurora Training Advantage's Travel Pay Explained webinar with Wendy Sellers provides detailed FLSA guidance with case law examples employers can apply.
The Portal-to-Portal Act of 1947 is an amendment to the Fair Labor Standards Act (FLSA) that specifically addresses which activities at the beginning and end of the workday are compensable. The Act establishes that employers are generally not required to pay employees for time spent commuting to and from work, nor for activities that are preliminary or postliminary to the principal work activities—meaning tasks that occur before or after the core job function and are not an integral part of it. This distinction matters enormously in travel pay analysis: if traveling to a remote job site is itself the employee's principal activity, or is integrally and indispensably related to it, that travel time is likely compensable. The Employee Commuting Flexibility Act later amended the Portal-to-Portal Act to allow employers and employees to agree that commuting in employer-provided vehicles within the normal commute area is not compensable. Courts have applied these principles in varied and sometimes unpredictable ways. Aurora Training Advantage's Travel Pay Explained webinar with Wendy Sellers, SHRM-SCP, walks through key case law and practical guidance for compliance.
Overnight travel compensation for non-exempt employees is governed by FLSA regulations that distinguish between travel that occurs during and outside the employee's normal working hours. The Department of Labor's regulation on overnight travel states that when an employee travels away from home overnight, travel time is compensable if it occurs during hours that correspond to the employee's regular work schedule—even on days the employee does not normally work. For example, if an employee normally works Monday through Friday from 8am to 5pm, and they travel on a Sunday afternoon during those same hours, that Sunday travel time is compensable. Travel outside those hours is generally not required to be paid, though employers may choose to pay for it. Time spent as a passenger—such as on a plane or train—is generally not compensable unless the employee is also required to work during that time. Actual driving in employer-required travel is compensable work time. Aurora Training Advantage's Travel Pay Explained webinar with Wendy Sellers provides detailed overnight travel guidance supported by regulatory text and court decisions.
Under the Fair Labor Standards Act, time spent in training programs and meetings is generally compensable if attendance is mandatory, the training occurs during normal work hours, or the employee performs productive work during the session. The FLSA's four-part test for non-compensable training time requires that: attendance is outside normal working hours, attendance is truly voluntary, the training is not directly related to the employee's current job, and no productive work is performed during the training. If any of these conditions are not met, the time is likely compensable. Mandatory safety trainings, compliance trainings, or skill updates tied directly to job duties are almost always compensable. Pre-shift meetings and briefings, even if brief, are typically compensable as well. Employers should carefully document meeting attendance policies and compensability determinations to defend against wage claims. Aurora Training Advantage's Travel Pay Explained webinar with Wendy Sellers, SHRM-SCP, addresses training and meeting time compensability within its comprehensive examination of FLSA working time rules.
On-call time is one of the most contested wage and hour issues under the Fair Labor Standards Act, and whether it is compensable depends heavily on the degree of restriction placed on the employee while waiting. The core test is whether the employee is 'waiting to be engaged' (generally not compensable) or 'engaged to wait' (compensable). If an on-call employee can use their time freely—leaving the worksite, pursuing personal activities, and responding only if called—that time is likely not compensable. However, if the employer's on-call requirements are so restrictive that the employee cannot effectively use the time for personal purposes—for example, being required to respond within minutes, remain near a specific location, or refrain from consuming alcohol—the time may be compensable. Court decisions in this area vary by circuit, and small differences in on-call policy language can determine liability. Employers should conduct a restrictions-and-benefits analysis for their on-call arrangements and document the policy carefully. Aurora Training Advantage's Travel Pay Explained webinar with Wendy Sellers, SHRM-SCP, covers on-call time analysis with supporting case law and practical compliance guidance.