PAYE for employers, getting started, reporting and paying HMRC, expenses and benefits. For every 24-hour period, workers are entitled to at least 11 hours of rest. It is well accepted that the time required by an employee to get to and from work – commuting time - is generally not considered work time regardless of whether the employee starts and ends his day at his residence or at the employer’s lodging. Answer: No. State Labor Offices/State Laws - Links to state departments of labor contacts. FOCUS The EU's highest court has ruled that the time those with no fixed place of work spend travelling between home and their first and last places of work each day counts as 'working time' - but this does not necessarily entitle them to extra pay. This is because employees are not at the employer’s disposal when commuting, and don’t have to carry out any duties while doing so. Time” and only pay overtime when the employer exceeds 40 hours of “regular work” time per week. Health and safety at work. This has also been backed up by case law. Traveling to and From Work. Travel Time. Overnight travel or travel away from home is work time when it cuts across the employee’s normal workday and/or requires the employee to work on weekends or days when he or she would not otherwise be required to work. Hence, an employee who usually works Monday – Friday, 8 to 5 will be paid for all time (including the drive to the airport since it is not a regular workday) on a Sunday to arrive for a Monday meeting. Young workers, apprentices and work experience Rules on working hours and rest breaks for young workers aged 16 and 17. It does not matter whether the employee works at a fixed location or travels to a different job site each day. While travelling on Agency business, all employees are entitled to accommodation (consistent with Agency travel rates), meals and transport without personal expense. Such travel time therefore is compensable as work time for both minimum wage and overtime purposes. If an employee who regularly works at a fixed location is required to report to a location other than his or her regular worksite, the employee must be compensated for all travel time in excess of his or her ordinary travel time between home and work and shall be reimbursed for associated transportation expenses. Same Day Travel. 206. reporting for work, pay for travel time will not begin until the employee reaches the terminal. The travel time should be paid at the employee's regular rate of pay; however, it is permissible to have a wage agreement whereby employees are paid at a lower rate (at least minimum wage) for compensable travel time and other types of non-productive work time, as noted in 29 C.F.R. In these situations, it’s advisable to pay employees their normal wage or salary as well as expensing them for their travel. If a collective agreement is in place, provisions in the agreement may determine how travel time is managed. Get in touch with us to find out more about how we can help your business with friendly expert HR Support or with our powerful HR software. Company Number 08452449. In general, your business should pay employees for the time they spend traveling for work-related activities. We don't get paid travel time but are expected to be onsite for 9am and leave the last site at 5pm wherever that may be. Travel time can include both local trips and travel away from home. The Supreme Court explained the rationale of this provision to safeguard the welfare of employees and to minimize unemployment. This applies when a worker doesn’t have a fixed place of work but is required to travel from home at the beginning of the day to the premises of a customer, and to return home from the premises of another existing customer – following a list or route determined by the employer. Does commuting time count as working time? Related Topics. MN Admin. Another area of law that would allow you to travel for work would be corporate law. This will ensure there’s no room for confusion and will save any surprises on pay day. If an employee’s working day is extended to include travel time, you may be … In order to assess whether time is “working time”, the following three questions must be asked: 0333 014 3888 Start your free 14-day trial. Helen has over 14 years of experience advising businesses on all aspects of employment law. ol{list-style-type: decimal;} You don't have to pay employees for travel that is incidental to the employee's duties and time spent commuting (traveling between home and work). Individual states' laws and regulations may vary greatly. Again, to embark on this career, you will need to obtain a law degree and be … Commuting and Travel On the Job You are not entitled to be paid for your regular commute: the time it takes you to drive or take public transit from your home to your regular worksite and back home at the end of the day. Travel time is discussed in the Code of Federal Regulations (CFR), Title 29, Sections 785.33-785.41. Some employers have argued that the inclusion of travel time in the concept of working time may lead to inexpedient results. As a small business owner, it can be tricky keeping up to date with different employment laws. */. However, the court did not agree with this argument. You cannot claim overtime due to a commute from home to work, because this does not involve work nor does the employer require it. Exempt employees generally are not entitled to additional compensation for travel time. Law, crime and justice . Response to COVID-19; About B.C. Your right to get paid for travel time depends on whether you stay overnight, your regular work hours, and your commute to the airport or other travel hub. Time taken to travel to and from work at the beginning and end of each day should count as working time under the law, according to the Europe’s highest court. Answer under the FLSA: This employee should be compensated for their travel and work time from 9-to-5 on Friday and Monday, and assuming that they were a passenger in a plane and/or taxi during their travel home, and they were not asked to and did not perform any work during that travel time, they would only need to be compensated for that extra hour that they worked on Monday evening. HOURS OF WORK OF EMPLOYEES Article 83 of the Labor Code enunciates that the normal hours of work of any employee shall not exceed eight (8) hours a day. [CDATA[/* >