The FLSA regulations, specifically 29 CFR § 785.39 , are clear on this issue. Travel time associated with overnight stays generally is considered compensable worktime when the business travel cuts across the nonexempt employee’s normal work hours, regardless of what day of the week the travel takes place.

For example, if Meg normally works Monday through Friday, 8:30 a.m. to 5 p.m., and she is required to travel on a Sunday for business in another city, her travel time on Sunday between 8:30 a.m. and 5 p.m. is compensable.

However, there is one caveat. Time spent traveling to an airport terminal or train station is not treated as hours worked. By contrast, all the time spent waiting at the terminal until arrival at the destination is compensable.

So if Meg arrives at the airport on Sunday at 3 p.m., and arrives at her destination at 6 p.m., the employer is required to pay her only from 3-5 p.m., the hours that correspond with her normally scheduled work hours.

Compensable hours spent traveling for business are counted the same as any other hours worked and may result in overtime. Remember too that some state laws define work hours.

Please Note: This material is provided as general information and is not a substitute for legal or other professional advice. Contact the Knowledge Center for more information.

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