Travel under the FLSA
Travel for individuals exempt from FLSA is considered part of their work and extra compensation is not provided.
Travel may be considered hours worked for nonexempt employees depending on when the travel occurs and whether it is part of the employee's workday or job duties. Under the FLSA, employers must pay for travel that occurs during normal work hours, travel between job sites, same-day out-of-town travel and any travel in which the employee is driving or performing work. Understanding which travel time is compensable under the FLSA can be complex and varies by situation.
Use the sections and examples below to help determine when travel must be compensated.
Key takeaways for travel time
- Travel during an employee’s normal work hours – All hours excluding bona fide meal periods are compensable even if they occur on a day the employee does not normally work (such as weekends).
- Same‑day out‑of‑town travel – All hours excluding bona fide meal periods are compensable because travel is performed for the employer’s benefit.
Joe works on the K-State Salina campus and is traveling to a recruitment fair in Wichita. His regular working hours are 8 a.m.-5 p.m. Joe leaves Salina at 7 a.m. and the fair starts at 9 am. Joe eats a sandwich at the booth so he can continue meeting with prospective students. The recruitment event ends at 4 pm and Joe arrives back in Salina at 5:30 p.m.
How many hours are compensable?
- 7 to 9 a.m. – travel and setup time (2 hours compensable)
- 9 a.m. to 4 p.m. – recruitment fair (7 hours compensable)
- 4 to 5:30 p.m. – travel time (1.5 hours compensable)
10.5 hours are compensable
Yolanda works on the K-State Olathe campus and is traveling to Manhattan to attend a one-day professional development event related to her work. Yolanda’s regular work schedule is 7:30 am-4 pm. The event starts at 8 am and ends at 5 pm. The event includes a one-hour lunch break with no planned programming. Yolanda leaves at 6 am and returns to Olathe at 7 pm.
How many hours are compensable?
- 6 to 8 a.m. – travel time (2 hours compensable)
- 8 a.m. to noon – event (4 hours compensable)
- noon to 1 p.m. – lunch break (not compensable)
- 1 to 5 p.m. – event (4 hours compensable)
- 5 to 7 p.m. travel time (2 hours compensable)
12 hours are compensable
- Travel between job sites during the workday – All hours are compensable whether the employee is driving or riding as a passenger.
- Driving – All time driving is compensable when the employee is the driver, regardless of the day or time, because they are performing work.
- Overnight travel – When travel time overlaps with normal working hours, it is compensable even on non‑workdays; passenger time outside normal hours is typically not paid unless the employee performs work. It is important for supervisors to convey their expectations with regard to work during travel as it can have a significant impact on time that must be compensated.
Alejandro is a recruiter based in Wichita, KS. He will be traveling overnight for recruitment events over two days. Alejandro typically works 8 am-5 pm, Monday-Friday. On Tuesday, he departed Wichita at 6 am and drove to Liberal to attend a recruitment fair that ran from 10 a.m. to 3 p.m. Lunch was provided at the booth, and Alejandro continued to meet with students. Alejandro then drives an hour and 15 minutes to Garden City where he checks into the hotel and works on his laptop until 5 p.m. The next morning, he checks out of the hotel at 8 a.m. and arrives at the recruitment fair at 8:30 a.m. The recruitment fair runs until 4 p.m. with no lunch break. Alejandro then drives back to Wichita, arriving at 8 p.m.
How many hours are compensable?
When Alejandro is the driver:
Tuesday – 11 hours compensable
- 6 to 10 a.m. – drive time (4 hours compensable)
- 10 to 3 p.m. – work time, no lunch break (5 hours compensable)
- 3 to 4:15 p.m. – drive time (1.25 hours compensable)
- 4:15 to 5 p.m. – work time (.75 hours compensable)
Wednesday – 12 hours compensable
- 8 to 8:30 a.m. – travel to event (.5 hours compensable)
- 8:30 a.m. to 4 p.m. – work time, no lunch break (7.5 hours compensable)
- 4 to 8 p.m. – travel time (4 hours compensable)
23 total hours compensable
How would the answer be different if Alejandro were a passenger in the car rather than the driver?
When Alejandro is a passenger:
Tuesday – 9 hours compensable
- 6 to 8 a.m. – travel time as a passenger outside regular work hours (not compensable)
- 8 to 10 a.m. – travel time during regular work hours (2 hours compensable)
- 10 to 3 p.m. – work time, no lunch break (5 hours compensable)
- 3 to 4:15 p.m. – travel time during regular work hours (1.25 hours compensable)
- 4:15 to 5 p.m. – work time (.75 hours compensable)
Wednesday – 9 hours compensable
- 8 to 8:30 a.m. – travel to event (.5 hours compensable)
- 8:30 a.m. to 4 p.m. – work time, no lunch break (7.5 hours compensable)
- 4 to 5 p.m. – travel time during regular work hours (1 hour compensable)
- 5 to 8 p.m. – travel time as a passenger outside regular work hours (not compensable)
18 total hours compensable
Riley is attending a conference in Seattle. Their regular work hours are 8 a.m.-5 p.m., Monday-Friday. Riley leaves for the MHK airport at 3:30 a.m., arrives at 4 a.m. and boards the plane at 5 a.m. on Friday. The first flight is 2 hours, with an hour in the airport before the second flight, which is 3 hours. They arrive in Seattle at 9 a.m. Pacific Time (11 a.m. Central Time) and take a 30-minute Uber ride to the hotel where the conference will be held. Riley works in their hotel room until noon Pacific Time, when the conference starts with lunch that includes the keynote address. The conference ends at 4 p.m. Pacific Time (6 p.m. Central Time).
Riley attends the conference on Saturday and Sunday. The sessions run from 9 a.m. to 4 p.m. each day, with an hour-long lunch break.
On Monday, Riley works in their hotel room from 8 am until noon Pacific Time before taking a 30-minute Uber to the airport. They depart at 2 pm Pacific Time (4 pm Central Time), are in flight for 2.5 hours and spend 2 hours in the airport before the connecting flight of 1.5 hours lands in MHK at 10 pm (8 pm Pacific Time).
How many hours are compensable?
When Riley does NOT work on the plane:
Friday – 10 hours compensable (times converted to Central Time)
- 3:30 to 4 a.m. – commuting time (not compensable)
- 4 to 5 a.m. – waiting time outside regular work hours (not compensable)
- 5 to 7 a.m. – travel as a passenger outside regular work hours (not compensable)
- 7 to 8 a.m. – waiting time outside regular work hours (not compensable)
- 8 to11 a.m. – travel as a passenger during regular work hours (3 hours compensable)
- 11 to 11:30 a.m. – travel as a passenger during regular work hours (.5 hours compensable)
- 11:30 a.m. to 2 pm – work in hotel room (2.5 hours compensable)
- 2 to 6 p.m. – conference lunch and sessions (4 hours compensable)
Saturday – 6 hours compensable (times converted to Central Time)
- 11 a.m. to 6 p.m. – conference sessions MINUS 1 hour for lunch (6 hours compensable)
Sunday – 6 hours compensable (times converted to Central Time)
- 11 a.m. to 6 p.m. – conference sessions MINUS 1 hour for lunch (6 hours compensable)
Monday – 7 hours compensable (times converted to Central Time)
- 10 a.m. to 2 p.m. – work in hotel room (4 hours compensable)
- 2 to 2:30 p.m. – travel as a passenger during regular work hours (.5 hours compensable)
- 2:30 to 4 p.m. - waiting time during regular work hours (1.5 hours compensable)
- 4 to 5 p.m. - travel as a passenger during regular work hours (1 hour compensable)
- 5 to 6:30 p.m. - travel as a passenger outside regular work hours (not compensable)
- 6:30 to 8:30 p.m. – waiting time outside regular work hours (not compensable)
- 8:30 to10 p.m. - travel as a passenger outside regular work hours (not compensable)
29 total hours compensable
How would the answer be different if Riley worked while they were waiting in the airport and on the plane during each flight?
When Riley DOES work on the plane:
Friday – 14 hours compensable (all times Central Time)
- 3:30 to 4 a.m. – regular commuting time (not compensable)
- 4 to 8 a.m. – working while traveling as a passenger outside regular work hours (4 hours compensable)
- 8 to11 a.m. – working while traveling as a passenger during regular work hours (3 hours compensable)
- 11 to 11:30 a.m. – travel as a passenger during regular work hours (.5 hours compensable)
- 11:30 a.m. to 2 p.m. – work in hotel room (2.5 hours compensable)
- 2 to 6 p.m. – conference lunch and sessions (4 hours compensable)
Saturday – 6 hours compensable (Pacific Time)
- 9 a.m. to 4 p.m. – conference sessions MINUS 1 hour for lunch (6 hours compensable)
Sunday – 6 hours compensable (Pacific Time)
- 9 a.m.- 4 p.m. – conference sessions MINUS 1 hour for lunch (6 hours compensable)
Monday – 12 hours compensable (Pacific Time)
- 8 a.m. to 12 p.m. – work in hotel room (4 hours compensable)
- 12 to 12:30 p.m. – travel as a passenger during regular work hours (.5 hours compensable)
- 12:30 to 2 p.m. - waiting time (1.5 hours compensable)
- 2 to 8 p.m. – working while traveling as a passenger both during and outside regular work hours (6 hours compensable)
38 total hours compensable
- Work performed while traveling – When work such as emails, calls, or meeting preparation is performed while traveling, it must always be counted as hours worked.
- Normal home-to-work commuting – Time traveling between home and work location is not compensable, unless the employee is required to perform work-related tasks before reaching the work site.
Employees and supervisors should ensure they have clarity around what is compensable and what is not prior to any travel to ensure compensable time is tracked appropriately. Because these situations can be nuanced, supervisors and employees are encouraged to review guidance and consult their manager or HR liaison when needed.