Required Pay for Non-Exempt Employees under the FLSA (Fair Labor Standards Act)
This following information is provided to assist with determining when non-exempt employees are to be paid for travel time, whether on campus, during the course of a single day, or overnight. If you are uncertain as to what should be reported as hours worked after reading this information, call or email the Human Resources Compensation contact for assistance. Section Number: 785.39 Travel away from home community.
Travel that keeps an employee away from home overnight is travel away from home. Travel away from home is clearly work time when it cuts across the employee’s workday. The employee is simply substituting travel for other duties. The time is not only hours worked on regular working days during normal working hours but also during the corresponding hours on nonworking days. Thus, if an employee regularly works from 9 a.m. to 5 p.m. from Monday through Friday the travel time during these hours is work time on Saturday and Sunday as well as on the other days. Regular meal period time is not counted. As an enforcement policy the Division will not consider as work time that time spent in travel away from home outside of regular working hours as a passenger on an airplane, train, boat, bus, or automobile.