Travel Time Pay Violations Lawyer

Summary: Many jobs require employees to travel during work hours. When this happens, employers should provide proper compensation, including overtime compensation for eligible workers. If you are not being paid properly for travel time, do not wait to speak with an attorney about your situation. 

The Fair Labor Standards Act (FLSA) requires that any time you spend traveling during normal work hours for your employer or otherwise performing job activities requiring you to travel should be compensated. For employees with both traditional 9-to-5 roles as well as those who are required to travel for work outside of their normal schedule, travel time pay rules can be complicated. Companies frequently violate these provisions. 

If you suspect a law has been broken in connection with your compensation for travel time, an attorney can help. A travel time pay violations lawyer can help you determine if your employer is violating federal requirements. Then, a skilled wage theft attorney can evaluate what compensation is available for your situation and diligently pursue all wages owed to you. 

Fair Labor Standards Act (FLSA) Rules for Travel Time Pay

Under the provisions of the FLSA, if you spend time traveling for your employer during normal work hours, this is generally considered compensable work. For example, if you are traveling to job sites or running errands for your employer during the workday, that time should be recorded and compensated as part of your hours worked. 

Travel requiring an overnight stay for work purposes can also be considered paid time when it occurs during normal work hours. Employees who are actively working while traveling should be paid for that time spent on the job. 

Normal commuting time from home to work does not generally qualify for travel time pay. However, if the worker is asked to perform a work-related task during this time, it could be compensable. 

Travel conducted for the employer’s benefit is also compensable. Travel time during work hours should be counted as hours worked and factored into overtime pay calculations for nonexempt employees. 

If your employer is failing to compensate you for travel time during your work hours, an experienced attorney can step in to safeguard your legal interests from these violations. 

Travel Time Pay Violations and Overtime Pay

Numerous consequences can occur when an employer violates travel time pay regulations. These can include habitual wage theft and inaccurate overtime calculations. 

Under FLSA provisions, exempt employees do not get overtime pay. These workers often fall into salaried roles such as:

• Professionals
• Executives
• Administrators who meet certain job duties criteria and pay thresholds

Nonexempt employees may be paid in a variety of ways, including hourly and salaried, but they must be compensated with overtime pay for any hours worked over 40 in a workweek. 

If an employer fails to calculate travel time as work time for a nonexempt employee, the employee could be deprived of both straight and overtime wages. For nonexempt employees, any travel that qualifies as compensable work time must be paid at the regular hourly rate unless and until their total hours exceed 40 hours for the week. 

After the nonexempt worker surpasses the 40-hour threshold, any travel time following that point must be paid at 1.5 times their regular pay rate. For exempt employees, a company can pay them a fixed salary regardless of their travel obligations, although many companies opt to provide extra pay for these periods.

Given the complexities surrounding travel time, it is important to speak with a lawyer for further clarity about any suspected pay violations. An attorney can explain what your strongest course of action would be given the circumstances of the potential claim. 

Talk With a Travel Time Pay Violations Attorney

If your company is not compensating you for travel time during your work hours, you should secure legal guidance from a travel time pay violations lawyer. An attorney can clear up any confusion regarding the rules and regulations of paid travel time. 

A company’s failure to pay wages for all hours worked, such as travel time, can lead to other forms of wage theft, such as the loss of rightful overtime compensation. An attorney can advocate on your behalf for back wages along with all other compensation you may be entitled to claim.

Contact us today by using our online chat or form to request your free and confidential review. A member of our legal team can review your situation and help you understand what comes next for your potential claim.