Does Travel Time Count Towards Overtime For Non-Exempt Employees?

by | Last updated on January 24, 2024

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So, is travel time overtime in California? As you can see,

travel time is only considered overtime if you are working over your normal forty hours a week, and some travel time is unpaid

. Travel time is part of regular wages and you should be paid accordingly.

Do you have to pay overtime for travel time in California?

If the employer has agreed to pay a fixed hourly rate of pay for any work performed, then travel time must be paid at that regular hourly rate or,

if applicable, the required overtime rate

.

How is travel time paid in California?

When Is Temporary Reassignment Compensable? According to the DLSE, California law requires employers to pay travel time if they require an employee, on a short-time basis, to travel anything more than a minor distance to report to a worksite other than the employee’s usual workplace.

Do you get paid for work travel?

However,

the employer doesn’t have to pay for the time it takes you to get to the airport or public transportation hub

. This time is categorized as unpaid commuting time, even if it takes the employee longer than his or her ordinary commute. Example. James lives in Long Beach, California.

Should travel time be included in working hours?

Working hours includes any time when the worker is at the employer’s disposal and is expected to carry out activities or duties for the employer. Work-related training is counted as part of the working week.

Travel time to and from work is not usually counted as working hours

.

Is travel included in working hours?


Working time includes travelling where it is an integral part of the job

, for example in the case of a travelling sales executive or a mobile repair person. This includes travel during normal working hours and travel between sites or clients since the travelling is an essential part of the work.

Do you have to pay travel time?

In general,

your business should pay employees for the time they spend traveling for work-related activities

. 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).

What is the law on travel time to work?


For every 24-hour period, workers are entitled to at least 11 hours of rest

. 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.

Should a company pay for travel time?


There is no right to be paid for time spent travelling to and from work unless this is specifically set out within the contract

. The only time you would normally look at making a payment or some contribution towards travel to and from work is if you require your employee to work at a different location from usual.

What is the penalty for not paying employees on time in California?

An employer will face a

$100 penalty for each failure to pay each employee on time

. The penalty applies to “any initial violation,” according to California’s law. For any subsequent violation, the employer is subject to a $200 penalty, plus 25 percent of the amount unlawfully withheld.

Is commute time compensable in California?


Compulsory travel time longer than the employee’s normal commute is considered compensable time

. Travel time to a job site within reasonable proximity of the employee’s regular work site is not compensable. If an employee has no regular job site, travel time to the new job site each day is not compensable.

What is considered full-time in California?

California Part-Time Hours

In California, an employer can classify a worker who works

at least 32 hours a week

as a full-time employee. However, some employers will classify any workers who work fewer than 40 hours a week as part-time. The employer has discretion in these matters in California.

How is travel pay calculated?

Calculating your travel time pay

Calculating what you are owed in most instances is straightforward and simple. You

count the number of hours you spent traveling, determine if those hours were regular hours or overtime hours, and then multiply that number by the applicable pay rate

.

What is reasonable travel distance for work?

The pie chart above shows that the majority of people (c40% ) would be willing to travel between

21-30 miles

for their perfect role (and over 72% would travel 21 miles or more), which is encouraging for employers who want to try and find the best candidates for the job regardless of distance.

How does travel compensation work?

Under California labor laws,

you are entitled to reimbursement for travel expenses or losses that are directly related to your job

. If your employer tries to shortchange you or fails to reimburse you for work-related travel expenses, you may be able to recover compensation by filing a claim or lawsuit.

Are employers responsible for employees travelling to work?

The most relevant legal obligation that could apply to the daily commute is the

statutory duty not to subject employees to a detriment or to dismiss them for taking action because of a serious and imminent danger they believe they face to their health and safety.

Can you work over 48 hours a week?

Legally,

your employer can’t make you work more than 48 hours a week, including overtime

. If they want you to work more than that, your employer has to ask you to opt out of the 48-hour limit.

Does standby count as working time?

A period of standby time must be regarded as working time in its entirety when the constraints imposed on the worker “objectively and very significantly” impact that worker’s ability to freely manage their time when their professional services are not directly required.

Is it law to have 11 hours between shifts?


The minimum rest period in a 24-hour period should not be less than 11 consecutive hours

. In general, workers are entitled to at least 11 hours rest per day, at least one day off each week, and a rest break during the shift if it is longer than six hours.

Is travel time considered overtime in the Philippines?

As for travel time,

travel from home to office and vice-versa is not compensable

. However, travel away from home on official duty is considered as compensable. (c) The employee does not perform any productive work during such attendance.

How are night shift differential and overtime compensated?

An employee is entitled to extra pay for work rendered anytime between 10 p.m. and 6 a.m. Called the “night shift differential,” this is equivalent to

10% of the employee’s hourly pay

, and is given for every hour worked between 10 p.m. and 6 a.m.

What is the meaning of travel time?

Definition of travel time

: a usually specified period of time spent in traveling at work or from the entrance of a business establishment to the place where work is actually done (as in portal-to-portal travel or deadheading) for which compensation may be demanded or paid.

What travel pay means?

A: Travel Pay is

payment for expenses employees spend traveling for work-related activities

. This could include airfare, trainfare, gas and milegae, and meals. Note, however, that time spent in home-to-work travel by an employee generally is not “hours worked” and, therefore, does not qualify as travel pay.

What are the UK Working Time Regulations?


You can’t work more than 48 hours a week on average – normally averaged over 17 weeks

. This law is sometimes called the ‘working time directive’ or ‘working time regulations’. You can choose to work more by opting out of the 48-hour week. If you’re under 18, you can’t work more than 8 hours a day or 40 hours a week.

Should travel time for mobile workers be counted as working time?

No, there is no requirement for employers to pay mobile workers for the time spent travelling between their home and their first and last appointments of the day, unless payment is required under their contract of employment.

Time spent travelling between work and home is excluded from working hours by reg.

Which of the below are classed as working time?

In broad terms, working time includes

travelling if part of the job, working lunches and job-related training

. It does not include travelling between home and work, lunch breaks, evening classes or day-release courses.

What is classed as a permanent place of work?

A place at which an employee works is a permanent workplace

if he or she attends it regularly for the performance of the duties of the employment

. It is usually clear whether or not a place is an employee’s permanent workplace (and, therefore, whether a journey to that place is ordinary commuting).

Emily Lee
Author
Emily Lee
Emily Lee is a freelance writer and artist based in New York City. She’s an accomplished writer with a deep passion for the arts, and brings a unique perspective to the world of entertainment. Emily has written about art, entertainment, and pop culture.