Full-Service HR

How to Pay Non-Exempt Employees for Travel Time

Paula Alexander
driving car on highway
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Published on Jun 29
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We know that the federal rules regarding non-exempt employee travel time can be confusing. The outcome depends on a few different factors like: when the travel occurs, the purpose of the travel, and whether employees perform any work-related activities while in transit.

Commuting Time: Under the Fair Labor Standards Act (FLSA), as amended by the Portal-to-Portal Act of 1947, the time employees spend commuting to work from home is not compensable. Time spent commuting from home to an alternate work location, that is within reasonable proximity to the employer’s office, is not considered hours worked. However, if the alternate work location is not within reasonable proximity to the employee’s home and the travel requires additional time, effort, or cost, the time may be considered hours worked.

Overnight Travel: Travel that keeps an employee away from home overnight is considered compensable only if it falls within, or overlaps with, their normal work schedule. However, there is a caveat for transportation choices. If an employee is not offered the option of using public transportation and is required to drive to a distant location, the entire time spent driving is compensable. Now, if the employee is offered the option of using public transportation and chooses to drive to a distant location, the employer can count the actual time spent driving, or the hours that overlap with their regular work hours, as compensable work time.

One-Day Travel: All time spent traveling on one-day, out-of-town work assignments must be counted as hours worked, even travel that is outside normal work hours.

In addition to federal law, some states have travel time laws that deviate from federal rule. It is important to contact your Sheakley HR Representative if questions arise about the compensability of an employees travel time.


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