If you have a long commute to your job, you may be wondering whether you are entitled to pay for time traveling to work. The answer to this question depends upon the specific facts of your situation. Although an employer is not generally required by law to pay you for commuting time, there are many situations where work-related travel is compensable. It’s essential to understand the circumstances under which you must be paid, and what you can do if your employer is in violation of the law.
As a general rule, you are not entitled to pay for time traveling to work. Specifically, your employer is not legally required to pay you for the time you spend traveling to your regular place of work from home each day. Your commute is considered ordinary travel and is not compensable under Ohio law or the federal Fair Labor Standards Act (FLSA). However, there are many circumstances under which travel must be compensated, and it’s important to understand your rights in these situations.
Although the law does not require that your employer compensate you for your regular commute, you must be paid for any “special assignment” where a longer commute is necessary. For instance, if you normally work in an office 20 minutes from your home and your employer sends you to another office location for a day that is two hours further away, they must pay you for the additional time you spent traveling there.
If your job requires you to travel to different job sites during the workday, your employer is required to pay you for the time you spent doing so. For instance, if you meet with clients or travel to different offices during the workday, this travel must be paid as these tasks are considered part of your job duties.
Some examples of occupations where an employer may be required to compensate an employee for traveling between workplaces can include:
In addition, you must be compensated for specific tasks your employer asked you to perform that require travel. However, it’s important to be aware that an employer ordinarily does not have to pay you for your commute home from the last job site you visited.
The rules for whether you are entitled to pay for time traveling for work can become more complex when overnight travel is involved. In these situations, you must be compensated for travel that occurs during your regular work hours, as well as travel time that occurs between those hours on your non-working days. For instance, if you are flying to a location for work on a Saturday at 1 p.m. and you regularly work Monday through Friday 9 a.m. until 5 p.m., your employer would be required to pay you from 1 p.m. until 5 p.m. While an employer is typically not required to compensate you if you are a passenger outside of normal working hours, you must be paid if you are driving.
If you are relieved of all your work duties, your employer does not have to pay you for any overnight travel time outside your normal working hours. But if you were asked to perform any job-related tasks while traveling, or were “engaged to wait” for any work-related tasks that might come up, you must be paid for your time.
If you were entitled to pay for time traveling for work, your employer must properly compensate you. Simply providing you with a mileage reimbursement does not fulfill the legal requirement that you must be paid your hourly wages for the time you spent traveling. Additionally, if compensable travel time causes you to exceed 40 hours in a workweek, you may be eligible to receive overtime pay. An employer’s failure to provide you with the compensation you are legally entitled to can give rise to a wage violation, and you may be eligible to take legal action.
In the event you were entitled to pay for travel but your employer failed to compensate you, the first step is trying to resolve the issue with Human Resources or your employer. If the issue has not been resolved with your employer, your legal remedies can include filing a claim with the Ohio Department of Commerce’s Division of Labor or the U.S. Department of Labor. You may also be able to commence a lawsuit against your employer for the wages you are owed, including back pay, liquidated damages, and attorneys’ fees.
If your employer refuses to pay you for travel time during your working hours, it’s crucial to have a skillful employment attorney by your side. Located in Westlake, Lalak LLC handles a wide range of employment matters, including those concerning unpaid travel time and other wage violations. Contact Lalak LLC online today or call 440-209-2746 to schedule a free, confidential, no-obligation consultation with an experienced employment attorney and learn how we can assist you.
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