In an eight-hour shift, they would perform only six hours of work. For example, could the first and last appointments of their working day be chosen for their proximity to the employee’s house? European ruling on work travel time may raise Irish wages bill Firms may have to pay employees without fixed base for journeys to and from work Sat, Sep 12, 2015, 01:00. If a collective agreement is in place, provisions in the agreement may determine how travel time is managed. Read the complete analysis. The Portal-to-Portal Act makes clear that employers do not need to pay employees for time spent traveling from their homes to their workplace before the start of the workday or traveling from their workplace to their homes after the workday is over. Hence, an employee who usually works Monday – Friday, 8 to 5 will be paid for all time (including the drive to the airport since it is not a regular workday) on a Sunday to arrive for a Monday meeting. .manual-search ul.usa-list li {max-width:100%;} Travel time is considered compensable work hours where the employer requires its employees to meet at a designated place, use the employer’s transportation to and from the worksite, and prohibits employees from using their own transportation (Morillion v.Royal Packing Co., 22 Cal.4th 575 (2000)). • As permitted by California law, the Company will pay employees for travel hours at a special travel rate of $___ [at least minimum wage]. Resources. In this case you may need to consider hiring more employees, which will result in extra costs. info@citrushr.com 0333 014 3888 Start your free 14-day trial. @media only screen and (min-width: 0px){.agency-nav-container.nav-is-open {overflow-y: unset!important;}} This IPG is intended to clarify the definition of hours of work pursuant to Division I, Part III of the Canada Labour Code (Code). Washington, DC 20210 The Working Time Directive is implemented in the UK via The Working Time Regulations (WTR) and neither provides any guidance on whether travel to and from work or between places of work should be classed as working time. Summary for [Your State] View sample documents. Example 4: An employee's regular commute to and from work was 10 minutes. All employees are also entitled to an uninterrupted 20-minute break when they work for more than six hours. To do so, you must ensure the employees are aware that this is happening and that you are being compliant with the GDPR (General Data Protection Regulations). However, it’s not possible to predict exactly what will happen, so for the meantime, the above rulings still stand, but we’ll be sure to update you if anything changes. .table thead th {background-color:#f1f1f1;color:#222;} Whether these rulings affect your business will depend on the nature of how your employees work and how much control they have over their work days. This means there’s no automatic obligation to pay workers for travel time unless the travel is for business purposes, so it is down to your discretion as an employer. In general, employers must pay you for this time if you must travel to accomplish the day’s work. The laws around travelling for work, and if this counts as ‘working time’, can seem complicated. ); OR Time when you do not actually perform work (and might even be doing personal things like checking the internet, texting and making personal calls), but when your employer exercises enough control over you that the law considers it working time. Filter Document Types: Filter Dates: Applies to News & White … Workers are entitled to a rest break in each shift lasting more than six hours Deciding whether overnight travel time counts as compensable time can be tricky, but an Austin employment law attorney at Ross • Scalise Law Group can help. If you require professional advice, please get in touch. Employees must arrive ready to work the hours they are scheduled. MN Admin. .manual-search-block #edit-actions--2 {order:2;} Related Topics. Recognition of Travel Time 208. Travel Time. All employees are also entitled to an uninterrupted 20-minute break when they work for more than six hours. If an employee’s working day is extended to include travel time, you may be required to give them more rest breaks. If an employee’s working day is extended to include travel time, you may be … You don't have to pay employees for travel that is incidental to the employee's duties and time spent commuting (traveling between home and work). /*-->*/. Some employers have argued that the inclusion of travel time in the concept of working time may lead to inexpedient results. .h1 {font-family:'Merriweather';font-weight:700;} The issue was whether the time spent by the workers travelling from home to their first appointment of the day, and travelling back home after their last appointment, counted as “working time” under the Directive. Registered in England. Travel Time Employers may be required to pay nonexempt employees for time traveling to, and attendance time at, a work-related function. You could also consider offering staff time off in lieu for any business travel outside of their normal working hours. Travel disruption and work Employees should talk to their employer about working from home, taking leave or making time up later if they cannot get to work because of travel disruption. Generally speaking, if your employee has to follow a tight schedule of appointments set out by you or their line manager, then their travel will probably count as working time. Traveling to and From Work. Payroll. The Supreme Court explained the rationale of this provision to safeguard the welfare of employees and to minimize unemployment. Company Number 08452449. sending email, making phone calls, etc. Health and safety at work. Normal commute/travel time to and from work is not compensated. When travel time is work. An official website of the United States government. The European Court of Justice (ECJ) decided in September 2015 that travel time counts as working time. Get in touch with us to find out more about how we can help your business with friendly expert HR Support or with our powerful HR software. #block-opa-theme-content > div > div.guidance-search > div.csv-feed.views-data-export-feed {display:none;} Travel time is not considered work while commuting to and from the usual work place. HR Issues & Laws Wage & Hour Issues: Travel Time. 5 reasons why small businesses invest in HR software, How to request a reference for a new employee, © 2021 citrusHR. This applies when a worker doesn’t have a fixed place of work but is required to travel from home at the beginning of the day to the premises of a customer, and to return home from the premises of another existing customer – following a list or route determined by the employer. Any travel time that occurs after the employee starts to provide services is recorded as work hours. For example, the time the employee spends traveling between two work sites will count as "time worked," just as will the time an employee spends traveling between other places for work-related reasons during his/her work day. Example: John is a plumber. At another one I had an unwritten policy with my boss that I would bill my active travel time (driving to the airport, e-mail on the plane and such) but not the time I was watching a movie or sleeping on an overnight flight to Europe. Helen has over 14 years of experience advising businesses on all aspects of employment law. Travel to a remote worksite . Compensable travel time also includes travel between worksites during a workday, travel to a temporary assignment in another city, and worked performed while traveling (i.e. For the purposes of overtime there are no special categories of work time that aren’t included. Exempt employees generally are not entitled to additional compensation for travel time. While travelling on Agency business, all employees are entitled to accommodation (consistent with Agency travel rates), meals and transport without personal expense. Read about a 2020 court case. Travel to and from the hotel and airport must also be paid if it falls during the employee's normal hours. Handy Reference Guide to the Fair Labor Standards Act - Answers many questions about the FLSA and gives information about certain occupations that are exempt from the Act. 1-866-4-USA-DOL Each day, he must report to his employer’s headquarters at … In other words, compensation for travel time tends to be a non-exempt affair. Rule 5200.0120(1). .dol-alert-status-error .alert-status-container {display:inline;font-size:1.4em;color:#e31c3d;} Health and safety at work. Overnight travel or travel away from home is work time when it cuts across the employee’s normal workday and/or requires the employee to work on weekends or days when he or she would not otherwise be required to work. Law, crime and justice. ol{list-style-type: decimal;} Normal travel from home to work and return at the end of the workday is not work time. The Court noted that, prior to the closing of the regional offices, the company had treated the travelling time … We don't get paid travel time but are expected to be onsite for 9am and leave the last site at 5pm wherever that may be. This will ensure there’s no room for confusion and will save any surprises on pay day. Wage and Hour Division: District Office Locations - Addresses and phone numbers for Department of Labor district Wage and Hour Division offices. Accidents, health and safety law and workplace conditions. Time when you actually perform work (i.e. Law, crime and justice . Ensure you have a clear, well thought-out expenses policy to use in each case, so as to avoid breach of contract or unlawful deduction claims. .cd-main-content p, blockquote {margin-bottom:1em;} Time spent in training that is not required by the employer or by law in order for an employee to do his or her job is not counted as work time. The content of this blog is for general information only. The reason for the ruling is that these types of workers are having to follow a set schedule and are at the disposal of their employers, carrying out their duties on behalf of the business they work for. Travel disruption and work Employees should talk to their employer about working from home, taking leave or making time up later if they cannot get to work because of travel disruption. The time spent traveling to the assigned worksite is work time. In this example, since the flight is at 9.a.m., a time the employee would normally be at work, the travel time on the flight is considered work time. If they do, and the employee doesn’t sign an opt-out agreement, you will need to reduce their hours. In general, your business should pay employees for the time they spend traveling for work-related activities. Working time is defined in the Working Time Regulations 1998 (SI 1998/1833) as: any period during which the worker is working, at their employer's disposal and carrying out their activity or duties; any period during which they are receiving relevant training; and Response to COVID-19; About B.C. The Working Time Directive, which applies to all EU countries including the UK, states that workers may not be made to work for more than 48 hours per week (averaged out over 17 weeks). HOURS OF WORK OF EMPLOYEES Article 83 of the Labor Code enunciates that the normal hours of work of any employee shall not exceed eight (8) hours a day. For example, where an employee hoping for a promotion with the employer takes training in order to qualify for it, time spent taking the training is not considered to be work time. Same Day Travel. .usa-footer .container {max-width:1440px!important;} div#block-eoguidanceviewheader .dol-alerts p {padding: 0;margin: 0;} Please consult your state department of labor for this information. Travel time can include both local trips and travel away from home. An individual’s travel is unlikely to count as working time if they: Our HR consultants can help guide you through your employee issues. “employers do not risk paying employees for their travel time merely by providing them transportation. #block-googletagmanagerfooter .field { padding-bottom:0 !important; } In order to assess whether time is “working time”, the following three questions must be asked: The outcome of this ruling was that any workers without a fixed place of work, who travel between clients and appointments from their home, should have that travel counted as part of their working time. When employees are required to travel for a business purpose, for example to meet clients or attend a meeting at a different site, this should be counted as working time. This should be standard practice: an office worker doesn’t get paid going from home to the office, but would expect to be paid for the time spent travelling from the office to meet a client in the middle of the day. 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