travel to work payment

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Travel Time

Time spent traveling during normal work hours is considered compensable work time. Time spent in home-to-work travel by an employee in an employer-provided vehicle, or in activities performed by an employee that are incidental to the use of the vehicle for commuting, generally is not "hours worked" and, therefore, does not have to be paid. This provision applies only if the travel is within the normal commuting area for the employer's business and the use of the vehicle is subject to an agreement between the employer and the employee or the employee's representative.

Webpages on this Topic

Handy Reference Guide to the Fair Labor Standards Act - Answers many questions about the FLSA and gives information about certain occupations that are exempt from the Act.

Coverage Under the Fair Labor Standards Act (FLSA) Fact Sheet - General information about who is covered by the FLSA.

Wage and Hour Division: District Office Locations - Addresses and phone numbers for Department of Labor district Wage and Hour Division offices.

State Labor Offices/State Laws - Links to state departments of labor contacts. Individual states' laws and regulations may vary greatly. Please consult your state department of labor for this information.

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Travel Time Pay for Hourly Employees: A Guide for Small Business Owners

By Homebase Team

If you run a small business where your workers are paid by the hour but also have to travel for work, it’s important to understand what your obligations are and what your employees are legally entitled to regarding hourly employee travel time. This includes understanding federal and state laws, as travel time pay for hourly employees can be governed by both.

Exempt employees don’t have to worry about this issue as much. This is because they get a fixed amount of money in every paycheck, regardless of their travel time. However, the government sets rules for non-exempt employees that say employers must ensure travel time pay and mileage reimbursement.

In this post, we’ll cover everything you need to know about travel pay for hourly employees so your business stays compliant.

What is travel pay?

Travel pay is money that an employer reimburses to an employee when traveling for work. It covers the cost of travel and related expenses, such as airfare, gas, train fare, mileage, and meals. Travel pay doesn’t cover an employee’s regular commute to and from work.

However, what about in some emergency situations, or when the employer asks the employee to do work-related tasks outside of their normal hours? In those cases, time spent commuting from home may be considered as paid time and eligible for travel pay.

How does travel pay work?

Travel pay works by providing eligible employees with reimbursement for expenses during work travel. It can sometimes look like this:

• A company creates a travel policy that details travel time pay for hourly employees and salaried team members. The document should outline how employees should get approval for travel and include an in-depth list of reimbursable travel expenses.
• An employee travels offsite for a two-day course. Anytime they incur a business-related expense, they save the receipt. 
• After the trip, the employee fills out an expense report and submits the receipts and any supporting documents outlined in the company travel policy.
• The expense report is reviewed by the HR or finance department, sent for approval, and the employee is reimbursed.

What’s the difference? Travel pay vs. break pay vs. mealtime pay.

It’s important to note that travel time is different from break or meal time . According to the US Department of Labor , any break less than 20 minutes or longer breaks where the employee still has work duties must be paid.

If an employee is asked by their employer to travel during a full break or lunch period, that travel time is considered work-related. In this situation, following the Department of Labor, travel time pay is required. 

To avoid any confusion, it’s a good idea to have a separate policy in place that explains how lunch breaks and rest periods are handled in terms of pay.

Who is entitled to receive travel time pay?

Only certain employees, known as non-exempt employees, have the right to be paid for the time they spend traveling for work. This includes both hourly and salaried employees who fall into the non-exempt category.

On the other hand, there are exempt employees who are not entitled to payment for work-related travel. Hourly employee travel pay does not apply to exempt employees.

In the United States, the Fair Labor Standards Act (FLSA) identifies different types of exempt employees, like executives, administrative staff, professionals, computer workers, and outside salespeople.

These exempt employees don’t get paid specifically for their travel time since they receive a fixed salary regardless of their travel obligations.

Do you have to pay hourly employees for travel time? Here’s when.

So is travel time considered work time? It depends on the travel. Here are three common situations regarding travel pay for hourly employees. It’s important to note that these are general guidelines. Specific rules may vary depending on the location and applicable laws. 

You should familiarize yourself with your jurisdiction’s regulations to ensure compliance with travel time payment requirements.

Local travel.

If an employee’s job requires them to travel within their regular work hours, they must be paid for that time. This includes situations where they are engaged in work or waiting while traveling, even if it’s outside their normal work hours. 

However, employees who are on breaks or have enough time to do personal things are not eligible for payment during those periods.

Local travel example.

Employee A is a personal assistant who drives Client B, around town to run errands. If this travel is part of Employee A’s job duties and occurs during their work hours, Employee A must be paid for that time.

Special one-day assignment to another city.

Paying hourly employees for out of town travel can occur if an individual has to make a one-day trip to another city for work-related activities like conferences, classes, meetings, or similar events. 

You must pay them for the travel time to and from that city. However, you can deduct the time they would normally spend on their regular commute. Some businesses choose to pay for the entire commuting time, but it’s not mandatory.

Special one-day assignment to another city example.

Let’s say your employee works in your office and you send them to a conference. They travels from their home to the conference location and return on the same day. The roundtrip takes them two and a half hours, while their regular daily commute is only 30 minutes.

In this case, you can deduct the 30-minute commute and pay them for two hours of travel time.

Overnight travel.

Is a non-exempt employee traveling away from home and staying overnight? Then you must count the hours they work on regular working days, as well as work hours on non-working days (like weekends or holidays). 

However, hourly employees traveling for work don’t need to be paid for travel time that falls outside their regular work hours. The exception is if they are working during that travel time (e.g., answering work emails or doing research on a work trip).

Travel time pay rate law by state.

There are various laws regarding travel for work. In some states, travel time pay rates must be the same as the rates for regular working hours, or they need to meet the minimum wage requirements at least. 

However, in other cases, business travel compensation rates might be calculated as a percentage of the employee’s normal pay rate.

In California , any travel time that exceeds an employee’s regular daily commute is considered compensable and must be paid at the agreed regular or overtime rates. Employers can set different rates for travel time, but they cannot be lower than the minimum wage.

In New York , the minimum wage regulations cover work-related travel. Employees must be paid for travel time if it is part of their job duties.

Oregon has different classifications for work travel time: portal-to-portal travel, travel between worksites, travel on special one-day assignments, and overnight travel. Generally, travel time pay is required for all types except portal-to-portal travel (home-to-work and work-to-home).

In New Jersey, the Wage and Hour Laws ensure fair payment for travel time. When employees are required to travel between job locations as part of their work, they must be paid at the same rate as regular working hours.

In Maryland, a 2022 court ruling has indicated that travel time may need to be paid if workers are required to report to a shuttle that takes them to and from a work site. 

While laws addressing travel time have not yet been explicitly changed, small business owners in Maryland should stay aware of ongoing developments which may affect their payment obligations..

Nevada law states that any travel time considered as work should be paid at least at minimum wage rates. Additionally, any training requested by the employer must also be paid as it is considered work time.

Remember, these are general explanations, and specific regulations may vary. It’s essential for employers and employees to familiarize themselves with the specific laws in their state to ensure compliance with travel time pay requirements.

To make sure your business is following the rules, it’s important for you to understand the specific regulations about travel time pay in your area. Likewise, employees should be aware of their rights regarding travel time pay. They need to ensure they receive fair compensation for the time they spend traveling for work.

How to calculate work travel time.

One of the big challenges for business owners? Figuring out how to pay hourly employees for travel time accurately and ensure that employees’ paychecks are fair and calculated correctly.

Paying travel time for hourly employees involves considering various factors, such as the specific laws in your jurisdiction and your company’s policies. Here are some common practices:

Calculate actual hours.

One approach is to track and pay hourly employees for the actual time spent traveling. This includes the time spent commuting between job sites or client locations. Employees should be compensated at their regular hourly rate for these travel hours.

Paying at overtime rates.

If the travel time causes hourly employees to exceed their regular working hours or if it falls under overtime criteria based on applicable laws, it should be compensated at the appropriate overtime rate.

Set flat rates.

Some employers choose to establish fixed flat rates for travel time. This means paying a predetermined amount for each trip or assignment, regardless of the actual hours traveled.

How Homebase can help calculate work travel time.

Now you know that to calculate work travel time, you should find a way to track your employees’ hours spent traveling. You can manually log employee travel times, including start time, end time, destination, expenses, and so forth in a document. One warning: manual tracking can result in costly errors. This is why many business owners use online timesheets to manage work travel.

For example, Homebase is a time-tracking tool that makes managing travel pay and employee hours much more straightforward. The tool automatically tracks employees’ hours and locations while they’re on the move using GPS. This means you can keep track of how much time your employees spend traveling for work.

Homebase also has features to streamline time tracking and invoicing. You can set different pay rates for travel hours and regular work hours, helping you streamline payroll. It also helps you handle overtime pay and helps you plan employee routes and schedules to optimize travel time.

Sign up to Homebase today to manage travel time pay for hourly employees with ease. Free trial for 14 days.

Optimize your schedule and keep your team in sync with Homebase.

Travel Time Pay FAQs

How do you pay travel time for employees.

The method of paying travel time for employees depends on various factors, including the applicable laws and company policies. Here are a few common approaches:

Paying at regular or overtime rates

In many cases, travel time is paid at the same rate as regular working hours. However, if employees exceed their normal work hours or if the travel time falls under overtime criteria, it should be compensated at the appropriate overtime rate.

Different rates for travel time

Some employers choose to set specific rates for travel time, separate from regular working hours. These rates may be negotiated or agreed upon before the start of job execution, but they should not be lower than the minimum wage rates.

Lump sum or flat rate

In certain situations, employers may opt to provide a fixed amount as a lump sum or flat rate to cover travel time. This can simplify calculations and ensure consistent payments.

How do you pay non-exempt employees for travel time?

Paying non-exempt employees for travel time requires careful consideration of legal requirements and company policies. Here are some common practices:

Compensate actual travel hours

One approach is to track and pay non-exempt employees for the actual time they spend traveling. This includes the time spent commuting between job sites, client locations, or other work-related destinations. Employees should be compensated at their regular hourly rate for these travel hours.

Apply overtime rates

If the travel time causes non-exempt employees to exceed their regular working hours or qualify for overtime based on applicable laws, it should be compensated at the appropriate overtime rate.

Establish flat rates or lump sum payments

Employers may choose to establish fixed flat rates or provide lump sum payments for travel time. This involves paying a predetermined amount for each trip or assignment, regardless of the actual hours traveled. However, it’s important to ensure that these rates comply with legal requirements, such as meeting or exceeding minimum wage rates.

Do employers have to pay hourly employees for travel time?

The requirement to pay hourly employees for travel time depends on various factors, including the specific laws in your jurisdiction and the nature of the travel. Here are some general guidelines:

Regular commute

In most cases, employers are not obligated to pay hourly employees for their regular commute from home to the workplace and vice versa. This is considered ordinary home-to-work travel and is typically not considered compensable travel time.

Work-related travel

However, when hourly employees are required to travel for work-related purposes, such as going to client locations or job sites, the travel time may need to be compensated. If the travel time exceeds the employee’s regular commute or falls under specific criteria outlined in labor laws, employers may be required to pay hourly employees for that travel time.

It’s important to note that travel time pay regulations can vary by jurisdiction, so it is advisable to consult the labor laws in your specific location and seek legal advice to ensure compliance.

Additionally, establishing clear travel time policies and communicating them effectively to employees can help avoid confusion and promote fair compensation practices.

Does flight time count as hours worked?

If the purpose of your flight is to travel from one destination to another for work purposes during regular work hours, this is considered hours worked. So, flight time counts as paid travel time. However, this rule doesn’t apply in some circumstances, so it’s always best to check local laws and company policy.

Do hourly employees get paid while traveling?

Travel time during an employee’s regular work hours is considered hours worked and, therefore, eligible for compensation. For example, if your work hours are 9am-5pm, and you travel between 11am-4pm, you are eligible for travel time pay.

What is compensation time for travel?

Sometimes known as “comp time,” this refers to the time employees are compensated for when they travel for work. For example, paying travel time or providing time off in lieu of pay.

Remember:  This is not legal advice. If you have questions about your particular situation, please consult a lawyer, CPA, or other appropriate professional advisor or agency.

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DOL Explains When Employees Must Be Paid for Travel Time

Jul 6, 2018

Eighty years ago the Fair Labor Standards Act (FLSA) established federal minimum wage and overtime requirements for hourly employees. The law’s basic tenet seems straightforward: Employers must pay employees for their “work.” Yet for many employers, compliance with the FLSA on issues such as employee travel time continues to be problematic because the FLSA does not really explain when an employee is at “work.”

The FLSA and Portal-to-Portal Act

The Supreme Court initially explained that “work” time means when an employee’s activities are controlled or required primarily for the benefit of the employer. Congress subsequently added some specifics to the Supreme Court’s expansive definition. The Portal-to-Portal Act, an amendment to the FLSA, provides that employee work time does not include:

(1) Travel to and from the actual place of performance of the principal activity the employee is employed to perform; or

(2) Activities that are undertaken before or after the employee’s principal work activity.

Three Scenarios and DOL’s Opinion Letter FLSA 2018-18

Recently, the U.S. Department of Labor (DOL) issued an opinion letter in response to a company’s questions about travel time pay for a group of hourly employees who repair, inspect and test construction cranes. The employees do not have a fixed work location; they travel to various customer locations each day. They usually work eight to twelve hour days servicing cranes, and generally start work at around 7:00 a.m. Depending on the availability of parts and other factors, the employees may need to stay in a hotel overnight and return in the morning to complete a job. Employees are provided company vehicles that may be used for both work and personal matters.

Three travel time scenarios were considered by the DOL:

(1) Employee travel time from home to the company’s office, using a company vehicle, to obtain a job itinerary and then continue on to various customer locations. Travel time from home to office varies from 15 minutes to an hour, depending on where the employee lives.

(2) Employee travel time from home directly to a customer location; and

(3) Employee travel time by plane on a Sunday from home to an out-of-state destination for a company training that begins at 8:00 a.m. on Monday. The training continues through Friday, with return travel home on Friday after class, or occasionally on Saturday, depending on flight availability.

The first two scenarios involve common commutes to and from work. Under the Portal-to-Portal Act, employees do not need to be paid for time spent commuting between home and work. This generally holds true, even when the employee travels directly from home to different job sites, unless the commute time involved is extraordinary. Once the employee has arrived at the job, however, FLSA regulations require payment for all travel time between job sites during the day. Use of a company-provided vehicle within the normal commuting area typically does not convert the employee’s ordinary commute into compensable work time.

Scenario three implicated how to account for employee travel time away from home, both on the weekend and overnight. Travel away from home is clearly worktime when it cuts across the employee’s usual work day; the employee is simply substituting travel for usual job duties. This also includes travel time on Saturday and Sunday that corresponds to the employee’s normal working hours on other days of the week. The DOL also noted that an employee must be paid for all time the employee is actually required to work while on travel, irrespective of whether or not it falls within the employee’s regular work day.

What Does this Mean to You?

Calculating employee travel time can pose a significant challenge for many employers. There are multiple factors you must take into account, even when an employee is traveling within his home territory. There are no bright lines to establish when an employee has strayed outside his normal commuting area, converting what would have been an unpaid commute into time on the clock. The FLSA requires employers to maintain accurate time records for employees; a failure to do so can result in significant statutory damages and attorneys’ fees.

If you find yourself facing such employee travel circumstances as described here, the employment law attorneys at Bean, Kinney & Korman can assist in evaluating your company’s particular environment and help craft a reasonable solution that will address the situation.

• R. Douglas Taylor, Jr.

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Rules for determining travel pay, employer questions about travel pay, recommended training for handling travel pay, find other travel pay training courses.

• Paycheck Fundamentals Training & Certification Program
• http://www.dol.gov/compliance/topics/wages-other-travel.htm

Law and the Workplace

Do we have to pay for that  part 2—travel and commute time (in a post-pandemic world).

In this blog series, we look at a variety of activities and discuss whether an employer has to pay its non-exempt ( i.e. , overtime-eligible) employees for their time spent engaging in them.  We’ll focus on federal law, but as with all wage and hour issues, applicable state and local laws must be considered as well.  Also, while we discuss the guiding principles, employers should always seek counsel on how to apply those principles to their specific facts.

In our first installment of this series , we looked at the compensability of time spent in COVID-19 vaccination, testing, and screening activities.  Today, we’re looking at work-related travel time, including time spent getting to and from the office or other worksite.

Two Fundamental Principles

Two fundamental principles run throughout the rules on travel time.  The first is that in all circumstances, all time spent actually performing work-related tasks (regardless of the day of the week, time of day, or location) is paid time.  See 29 C.F.R. § 785.41 (“Any work which an employee is required to perform while traveling must, of course, be counted as hours worked.”).

The second fundamental principle—a cornerstone of the 1947 Portal-to-Portal Act amendments to the Fair Labor Standards Act (FLSA)—is that time employees spend commuting from home to their place of work before the beginning of the workday and from work back home at the end of the workday is not considered time worked and therefore is not time for which employees must be paid.  See 29 U.S.C. § 254(a)(1) (“walking, riding, or traveling to and from the actual place of performance of the principal activity or activities which [an] employee is employed to perform” are not compensable activities); 29 C.F.R. § 785.35 (“Normal travel from home to work is not worktime.”).

What is the “Normal” Commute?

The rule is clear that the “normal,” “ordinary home to work” commute is unpaid.  But what do “normal” and “ordinary” mean?  The first guardrail is the language in the regulation itself, which defines “ordinary home to work travel” as travel “from home [to work] before [the] regular workday and [from work] to … home at the end of the workday .”  This language places the “normal” commute outside the boundaries of the workday— i.e. , it occurs at the beginning of the day before work has started, and it occurs at the end of the day after work has ended.  It does not include travel in the middle of the workday, which can be compensable under one of two different rules—the “all in the day’s work” rule and the “continuous workday” rule.

Mid-Day Travel

Under the “all in the day’s work” rule ( 29 C.F.R. § 785.38 ), “time spent by an employee in travel as part of his principal activity, such as travel from job site to job site during the workday, must be counted as hours worked.”  So if an employee drives from home to the office, and then leaves an hour later to travel to a customer site, the drive from home to work is unpaid but the travel time to the customer site is considered compensable mid-day travel under the “all in the day’s work” rule.  The same rule would apply throughout the workday if the employee is traveling from site to site for work-related reasons, until the end of the workday.  Once the employee completes the last task of the day, regardless of the location of that last task ( e.g. , back at the office, at a customer site, etc.), the travel from that location to the employee’s home is the “normal,” “ordinary” commute and is unpaid.  The U.S. Department of Labor (DOL) gives this example :

If an employee normally finishes his work on the premises at 5 p.m. and is sent to another job which he finishes at 8 p.m. and is required to return to his employer’s premises arriving at 9 p.m., all of the time is working time.  However, if the employee goes home instead of returning to his employer’s premises, the travel after 8 p.m. is home-to-work travel and is not hours worked.

The bottom line is that once an employee has reported to the first worksite for the day, the employee’s travel time to other work locations is compensable.

The same principles are reflected in the “continuous workday” rule in 29 U.S.C. § 790.6 , which notes that “[p]eriods of time between the commencement of the employee’s first principal activity and the completion of his last principal activity on any workday must be included in the computation of hours worked to the same extent as would be required if the [Portal-to-]Portal Act had not been enacted.”

Multiple Worksites

What if an employee reports to different worksites each morning?  Does that render the home-to-work commute not “normal” or “ordinary,” such that the commute time is compensable?  The answer is no, as the commute regulation makes clear:  “An employee who travels from home before his regular workday and returns to his home at the end of the workday is engaged in ordinary home to work travel which is a normal incident of employment.  This is true whether he works at a fixed location or at different job sites .”

So that’s helpful.  What if the commute is to a different location depending on the day and the length of the commute varies significantly from day to day?  The Second Circuit tackled that question in Kavanagh v. Grand Union Co . , 192 F.3d 269, 272 (2d Cir. 1999), noting:

[The term “normal travel” in 29 C.F.R. §785.35] does not represent an objective standard of how far most workers commute or how far they may reasonably be expected to commute.  Instead, it represents a subjective standard, defined by what is usual within the confines of a particular employment relationship.

In Kavanagh , the plaintiff drove to various cities in New York State, sometimes for hours at a time, to provide services at various Grand Union locations.  The court held that “the regulations . . . do not permit a construction that would require Grand Union to compensate Kavanagh for his time spent traveling to the first job of the day and from the last job of the day, regardless of the length of that distance or the benefit to Grand Union of having only one employee cover such a large geographic area.”

Other federal courts around the country have confirmed the plain language of § 785.35 and have consistently held that travel incurred prior to commencing or subsequent to ceasing principal activities is non-compensable even if commuting time varies day-to-day.

Pre-Commute Activities

What if the employee begins some work at home and then goes into the office?  Does the performance of work prior to the commute render the commute compensable, under the “all in the day’s work” or “continuous workday” rules?  The Second Circuit has tackled that question as well, holding in Kuebel v. Black & Decker Inc . , 643 F.3d 252, 259 (2d Cir. 2011), that the performance of work-related activities at home prior to the commute to the office (or at home after the evening commute) does not render the commute compensable.  (The time spent performing those at-home activities, however, is always compensable— see 29 C.F.R. § 785.12 , applying the rules on hours worked to “work performed away from the premises or the job site, or even at home.”).

An important consideration in Kuebel was that the employee chose to perform certain work-related activities at home prior to his morning commute or after his end-of-day commute.  In declining to require the employer to pay for the commute time, the court noted that the employee could well have performed those activities at his employer’s workplace.  The same logic arguably would not apply if an employee who begins a remote workday at home is required by the employer to report to the office (or other work location) at some point during that same workday.  Under that circumstance, the employer would have to consider the application of the “all in the day’s work” and “continuous workday” rules discussed above.

Same-Day Travel to Another City (No Overnight Stay)

If an employee is required to travel for a one-day assignment in another city, all travel time to and from the destination—less the time the employee would have spent commuting to their regular work site—is counted as time worked and must be paid under the “special one-day assignment” rule in 29 C.F.R. § 785.37 .

Travel Involving an Overnight Stay

A more nuanced analysis is required when employee travel involves an overnight stay away from home.  When employee travel includes an overnight stay, the travel time that occurs during the employee’s “normal working hours” is counted as time worked, regardless of whether the travel occurs on the employee’s “regular working days” ( e.g. , Monday through Friday) or “non-working days” ( e.g. , on Saturday or Sunday).  Conversely, travel time that occurs outside the employee’s “normal working hours” need not be counted as time worked, regardless of whether the travel occurs on a weekday or a weekend.  These principles are codified in the “travel away from home” rule in 29 C.F.R. § 785.39 .

For example, if an employee is scheduled to work 9:00 a.m. to 5:00 p.m. Monday through Friday and the employee is required to travel between the hours of 6:00 p.m. and 11 p.m. (on any day of the week), the employer is not required to pay for the travel time.  If, however, the employee is required to travel between the hours of 9:00 a.m. and 5:00 p.m. (on any day of the week), the employer is required to pay for the travel time.

What if the employee has no “normal working hours”?  How do you apply the overnight travel rules?  The DOL addressed this scenario in an April 2018 opinion letter , in which the it outlined three permissible methods that employers can use to reasonably ascertain an employee’s “normal” or “regular” working hours for purposes of the “travel away from home” rule:

• If the employee’s time records during the most recent month of “regular employment” records reveal “typical work hours,” the employer may consider those as the “normal” hours going forward unless some subsequent material change in circumstances indicates the normal hours have changed.
• If the records do not reveal any normal or typical working hours, the employer may instead choose the average start and end times for the employee’s workdays.
• Alternatively, the employer and employee (or the employee’s representatives) may negotiate and agree to a “reasonable amount of time or timeframe” in which travel outside of employees’ home communities is compensable.  On this third option, the DOL cited to a 1964 opinion letter in which the agency approved an employer’s use of an employee’s average daily number of hours worked as the number of compensable hours on a travel day, provided the employer and employee agree on this method of determining the “normal” workday for travel time purposes.

The DOL notes that “[t]his is not an exhaustive list of the permissible methods for determining an employee’s normal start times or end times [for purposes of the “travel away from home” rule] … [b]ut when an employer reasonably uses any of these methods …, [the DOL] will not find a violation[.]”  You can read our blog on this opinion letter here .

Travel From Hotel to Worksite, and Vice Versa

The DOL has made clear that once an employee arrives in the community “away from home” on a business trip involving an overnight stay, time spent in travel from the hotel to the work site before the regular work day and from the work site back to the hotel at the end of the regular work day is considered ordinary home-to-work travel and does not count as time worked.

What about the time spent at the hotel ?  That wouldn’t count as time worked, except to the extent the employee actually performs work at the hotel.  It’s not travel time, and therefore would be subject to the other rules regarding hours worked, and likely considered “off duty” time under 29 C.F.R. § 785.16 (“Periods during which an employee is completely relieved from duty and which are long enough to enable him to use the time effectively for his own purposes are not hours worked.”).

Travel Across Time Zones

What if an employee travels across time zones?  Which time zone should be used to determine whether the travel cuts across “normal working hours” for purposes of the “travel away from home” rule?  There’s no regulation on this, and a reasonable approach would be for the employer use the time zone associated with the point of departure (on each leg of the trip) to determine whether the travel falls within “normal working hours.”

What If Driving Is Part of the Job?

The FLSA regulations make clear that “[a]n employee who drives a truck, bus, automobile, boat or airplane [as part of their job duties], or an employee who is required to ride therein as an assistant or helper, is working while riding, except during bona fide meal periods or when [the employee] is permitted to sleep in adequate facilities furnished by the employer.”  Such time is properly viewed as actual working time, and not merely “travel” time.

Remote/Flexible/Agile Work Considerations

What if employees work under a remote, flexible, or agile working arrangement under which they are required to report to the employer’s offices with some regularity ( e.g. , 2-3 times per week) or from time to time ( e.g. , for monthly in-person meetings or otherwise when asked)?  To minimize the risk of having to pay for home-to-office travel time in such circumstances, the key to is to make clear to the employees, in writing and as a condition of the work arrangement, that (1) their regular worksites include both their homes (or other remote worksite) and the office; (2) that on certain days, they will be permitted to work remotely; (3) that on certain days, they will be required to work from the office; (4) that the commute to the office is not considered a part of their duties; and (5) that on those days in which they are required to work from the office, they will not be paid for their time spent commuting to the office.  This policy can be baked into a broader remote/flexible/agile work agreement that covers any number of other policies and considerations.

There are two things that might make the employee’s argument for travel-related pay stronger in these circumstances:  (1) if the employee lives far away from the office, such that the travel to the office would involve an overnight stay, and/or (2) if the employee is not regularly required/expected to come to the office, but only sporadically/upon request.  The former scenario would require consideration of the rules around business-related travel involving an overnight stay, and the latter could implicate the rules on special one-day assignments.  Employers considering such arrangements should consult with wage and hour counsel before implementing a strategy.

Consequences of Compensable Travel Time

If travel time is compensable under the rules discussed above, employers should bear three things in mind.  First, they must pay employees for the travel time.  Second, they must have a process in place to track the time (so they know how much they have to pay, and whether the hours are non-overtime or overtime hours).  Third, the hours count toward the threshold for overtime pay (40 hours a workweek under federal law and the laws of most states).

Paying for Travel Time

Employers have flexibility as to how much they pay for compensable travel time.  An employer could, of course, pay the same rate for travel time as it pays for all other working hours.  Alternatively, an employer could set a different rate of pay for travel time ( e.g. , an hourly rate for time actually spent in travel that is lower than the rate the employer pays the employee for productive working hours, or a flat fee for a travel day), so long as (1) the employer notifies the employee of the separate rate in advance of the travel, (2) the rate is sufficient to cover the minimum wage for all compensable hours, and (3) the arrangement does not violate any existing contract with the employee.  See DOL Wage & Hour Div. Op. Ltr., Jan. 22, 1999 (“There is nothing in FLSA which prohibits an employer from paying an employee at different rates of pay for work at different times or various types of work as long as no rate is less than the statutory minimum wage.”).  Paying a different rate for travel time impacts the regular rate of pay for overtime purposes, so employers that do so should consult the rules on how to calculate overtime pay for employees working at two or more rates in 29 C.F.R. § 778.115 .

Does Paying for Travel Time Make it “Hours Worked”?

  Employers often wonder whether paying for travel time that is not required to be paid makes the time “hours worked,” such that it counts toward the 40-hour threshold for overtime pay under federal law.  The answer is no, unless the employer and employee have agreed (expressly or through an established practice) to treat the time as hours worked.

The FLSA regulations note that, “[i]n some cases an agreement or established practice provides for compensation for hours spent in certain types of activities which would not be regarded as working time under the [FLSA] if no compensation were provided.”  In those cases, “[c]ompensation for such hours does not convert them into hours worked unless it appears from all the pertinent facts that the parties have treated such time as hours worked.”

Absent an agreement or established practice to count such time as “hours worked,” an employer can pay whatever it wants (or nothing) for the time, should not include such payments in the regular rate of pay for overtime purposes, and cannot use any part of such payments as a credit toward overtime pay otherwise owed for the workweek.

  As with all wage and hour issues, state law may require payment for certain travel time where federal law does not.  Employers must always consider the state law implications of their travel time policies and arrangements.

Proskauer’s  Wage and Hour Group  is comprised of seasoned litigators who regularly advise the world’s leading companies to help them avoid, minimize, and manage exposure to wage and hour-related risk.  Subscribe to our  wage and hour blog  to stay current on the latest developments.

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Under the FLSA, when must nonexempt employees be paid for travel time?

The Fair Labor Standards Act (FLSA) regulations require employers to pay for travel time in some circumstances. Generally, time spent traveling is compensable, unless it is normal home-to-work commute time, or when travel requires an overnight stay and the time spent traveling as a passenger falls outside of the employee's normal work hours.

When pay is required, the time spent traveling is considered hours worked and must be included when determining overtime pay obligations. 

Home-to-work travel. Normal commuting time to an employee's regular worksite is not treated as hours worked under the FLSA.

Home to work on a special one-day assignment in another city . When an employee must travel out of town for work but returns home the same day, all the time spent traveling during the day is compensable, regardless of the employee's regular work hours. However, an employer may deduct the time the employee would have spent commuting to his or her regular work location.

Travel that is all in a day's work. Time spent traveling to and from different worksites during the day is work time and must be paid.

Travel away from home. When travel requires an overnight stay, any time traveling as a passenger that falls within the employee's normal work hours is compensable, regardless of what day of the week the travel takes place. Time spent traveling to an airport terminal or train station is considered commute time and is not treated as hours worked, but the time spent waiting at the terminal until arrival at the destination is compensable when it falls during normal work hours.

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

So, if Meg arrives at the airport on Sunday at 3 p.m. and at her destination at 8 p.m., the employer is required to pay her only from 3 p.m. to 5 p.m., the hours that correspond with her normally scheduled work hours.

Alternatively, if Meg drives herself or others at the direction of the employer rather than traveling as a passenger, all the time spent driving is compensable work time, regardless of Meg's normal work hours.

Driving at the direction of the employer . When employees are required to drive themselves or others, all driving time is compensable. However, when an employee is traveling to an overnight stay and has the option to use public transportation (i.e., airplane, train, bus, etc.) but chooses to drive his or her own vehicle instead, the employer can either choose to pay for all time spent traveling or pay only the travel time that occurs during normal work hours, regardless of what day of the week the employee travels (CFR 785.40). If an employee volunteers to drive others in his or her own vehicle to the overnight stay, an employee's time could be unpaid for those travel hours outside the normal work hours.

Worked performed while traveling. An employee must be paid for any time he or she is performing work. This includes time spent working during travel as a passenger that would otherwise be non-compensable.

For example, Meg normally works Monday through Friday, 8:30 a.m. to 5 p.m. She arrives at the airport on Sunday at 3 p.m. and at her destination at 8 p.m. Generally, the employer is required to pay her only from 3 p.m. to 5 p.m.; however, if Meg works on a presentation during her flight until 6:30 p.m., her employer would need to pay her from 3 p.m. to 6:30 p.m.

Some states have travel-time laws that are more generous than the federal FLSA.  

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When Must I Pay Employees for Travel Time?

Travel Time vs. Commuting Time

Image by Jo Zixuan Zhou © The Balance 2020 

In general, your business should pay employees for the time they spend traveling for work-related activities. 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). Travel time can include both local trips and travel away from home. 

Travel vs. Commuting Time 

Commuting is going back and forth to work. Everyone (at least everyone who doesn't work at home) commutes to a job. Commuting time is personal time, not business time. The IRS does not allow businesses to deduct commuting time as a business expense, and employees should not be paid for the commuting time.     

The Department of Labor (DOL) discusses employees who drive employer-provided vehicles. The DOL considers the time spent in home-to-work travel by an employee in an employer-provided vehicle, or in activities performed by an employee that are incidental to the use of the vehicle for commuting, generally is not "hours worked" and, therefore, does not have to be paid.  

Here's a possible rule of thumb: If your business authorizes a trip by an employee, no matter how the employee travels (car, train, bus, etc.) you should pay for the employee's travel time. 

Travel time for hourly and salaried employees may be counted differently. Pay to employees for local travel time is only applicable to non-exempt (hourly) employees, not to exempt (professional or managerial) employees.     Exempt employees are paid for their expertise by the job, not by the hour.  

Different Types of Travel Time:

Home to Work Travel , as explained above, is commuting time, not work time, and it's not paid.

Travel on Special One Day Assignment in Another City. The DOL says "the time spent in traveling to and return from the other city is work time," but they note that you may deduct the time the employee would spend commuting.

Sara works in an office in your company, but you send her to another city on a special assignment. She leaves from her home, goes to the city, and comes back home the same day. She spends 3 hours traveling (1 1/2 hours each way) from home to the other city. She would normally spend 30 minutes total driving from her home to work and back, so you could deduct the 30 minutes and pay her for 2 1/2 hours of travel time.

Travel That's Part of the Employee's Normal Work. Time an employee spends traveling is part of the job. You must count this time as work time. The time the employee spends going to the first job site, and home from the last job site, is commuting time and isn't paid.  

An LPN (licensed professional nurse) works for a nursing facility and travels between the two locations of this facility, providing care for patients at both locations. Her daily travel time between these locations must be included in her pay because she is not commuting. But she can't count the time driving from home to the first location or the time back home from the last location.

Travel Away from Home. If travel includes an overnight stay it is travel time. The DOL doesn't include travel away from home outside regular hours as a passenger on an airplane, train, boat, bus, or car as work time. But you must count hours worked on regular working days and work hours on nonworking days (weekends and holidays).  

If an employee travels from Cleveland to Pittsburgh for a two-day seminar at the direction of your company, you must pay for the hours the employee would have worked in a normal workday for each of those days, even if they were on Saturday or Sunday.

Incidental vs. Work Travel: Paid or Not Paid?

• An employee drives to work from his home every day. You ask him to stop on his way and pick up bagels for the staff meeting. This driving time is not paid. Time commuting to work is never paid time; the time to stop for the bagels is "incidental" to the commuting and is not part of the employee's job. 
• You ask an employee to drive to a store on work time to get bagels for the office meeting. If the employee makes this trip during normal work hours, he or she should be paid. 

Also, you might want to contact an employment attorney to discuss these issues. 

Paying for Travel Expenses

In addition to paying employees for travel time, you should pay their expenses for travel. The Department of Labor doesn't require reimbursement for travel expenses, but it makes sense to pay employees if you require them to travel.   Your business can deduct employee travel expenses as a business expense.   If employees mix business and personal travel, you need to sort out the part that is business-related and pay only these expenses. 

State Regulations on Paying for Employee Travel

Check with your state labor department to see if there are any rules which might override the federal rules. Contact the nearest local office of the U.S. Department of Labor for information on specific instances of travel time that affect your business.

Internal Revenue Service. " Publication 535 (2019): Business Expenses ," Page 5. Accessed May 26, 2020.

Internal Revenue Service. " Travel & Entertainment Expenses ," Page 3. Accessed May 26, 2020.

U.S. Department of Labor. " Travel Time ." Accessed May 26, 2020.

Electronic Code of Federal Regulations. " Travel Time ." Accessed May 26, 2020.

U.S. Office of Personnel Management. " Fact Sheet: Hours of Work for Travel ." Accessed May 26, 2020.

U.S. Department of Labor. " Fact Sheet #17D: Exemption for Professional Employees Under the Fair Labor Standards Act (FLSA) ," Pages 1-3. Accessed May 26, 2020.

U.S. Department of Labor. " Fact Sheet #22: Hours Worked Under the Fair Labor Standards Act (FLSA) ." Accessed May 26, 2020.

U.S. Department of Labor. " Opinion Letter FLSA 2018 ," Page 2. Accessed May 26, 2020.

U.S. Department of Labor. " Reimbursed Travel Expense Payments ," Page 1. Accessed May 26, 2020.

Internal Revenue Service. " Topic No. 511 Business Travel Expenses ." Accessed May 26, 2020.

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Understanding business travel deductions

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IRS Tax Tip 2023-15, February 7, 2023

Whether someone travels for work once a year or once a month, figuring out travel expense tax write-offs might seem confusing. The IRS has information to help all business travelers properly claim these valuable deductions.

Here are some tax details all business travelers should know

Business travel deductions are available when employees must travel away from their  tax home  or  main place of work  for business reasons. A taxpayer is traveling away from home if they are away for longer than an ordinary day's work and they need to sleep to meet the demands of their work while away.

Travel expenses  must be ordinary and necessary. They can't be lavish, extravagant or for personal purposes.

Employers can deduct travel expenses paid or incurred during a  temporary work assignment  if the assignment length does not exceed one year.

Travel expenses for  conventions  are deductible if attendance benefits the business. There are special rules for conventions held  outside North America .

Deductible travel expenses include:

• Travel by airplane, train, bus or car between your home and your business destination.
• Fares for taxis or other types of transportation between an airport or train station and a hotel, or from a hotel to a work location.
• Shipping of baggage and sample or display material between regular and temporary work locations.
• Using a personally owned car for business.
• Lodging and  meals .
• Dry cleaning and laundry.
• Business calls and communication.
• Tips paid for services related to any of these expenses.
• Other similar ordinary and necessary expenses related to the business travel.

Self-employed individuals or farmers with travel deductions

• Those who are self-employed can deduct travel expenses on  Schedule C (Form 1040), Profit or Loss From Business (Sole Proprietorship) .
• Farmers can use  Schedule F (Form 1040), Profit or Loss From Farming .

Travel deductions for the National Guard or military reserves

National Guard or military reserve servicemembers can claim a deduction for unreimbursed travel expenses paid during the  performance of their duty .

Recordkeeping

Well-organized records  make it easier to prepare a tax return. Keep records such as receipts, canceled checks and other documents that support a deduction.

Subscribe to IRS Tax Tips

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Compensatory Time Off for Travel - Questions & Answers to Fact Sheet

• Q1. What is compensatory time off for travel? View more A. Compensatory time off for travel is a separate form of compensatory time off that may be earned by an employee for time spent in a travel status away from the employee's official duty station when such time is not otherwise compensable.
• Q2. Are all employees covered by this provision? View more A. The compensatory time off provision applies to an "employee" as defined in 5 U.S.C. 5541(2) who is employed in an "Executive agency" as defined in 5 U.S.C. 105, without regard to whether the employee is exempt from or covered by the overtime pay provisions of the Fair Labor Standards Act of 1938, as amended. For example, this includes employees in senior-level (SL) and scientific or professional (ST) positions, but not members of the Senior Executive Service or Senior Foreign Service or Foreign Service officers. Effective April 27, 2008, prevailing rate (wage) employees are covered under the compensatory time off for travel provision. (See CPM 2008-04 .)
• Q3. Are intermittent employees eligible to earn compensatory time off for travel? View more A. No. Compensatory time off for travel may be used by an employee when the employee is granted time off from his or her scheduled tour of duty established for leave purposes. (See 5 CFR 550.1406(b).) Also see the definition of "scheduled tour of duty for leave purposes" in 5 CFR 550.1403. Employees who are on intermittent work schedules are not eligible to earn and use compensatory time off for travel because they do not have a scheduled tour of duty for leave purposes.
• Q4. What qualifies as travel for the purpose of this provision? View more A. To qualify for this purpose, travel must be officially authorized. In other words, travel must be for work purposes and must be approved by an authorized agency official or otherwise authorized under established agency policies. (Also see Q5.)
• Q5. May an employee earn compensatory time off when he or she travels in conjunction with the performance of union representational duties? View more A. No. The term "travel" is defined at 5 CFR 550.1403 to mean officially authorized travel—i.e., travel for work purposes approved by an authorized agency official or otherwise authorized under established agency policies. The definition specifically excludes time spent traveling in connection with union activities. The term "travel for work purposes" is intended to mean travel for agency-related work purposes. Thus, employees who travel in connection with union activities are not entitled to earn compensatory time off for travel because they are traveling for the benefit of the union, and not for agency-related work purposes.
• Q6. An employee receives compensatory time off for travel only for those hours spent in a travel status. What qualifies as time in a travel status? View more A. Travel status includes only the time actually spent traveling between the official duty station and a temporary duty station, or between two temporary duty stations, and the usual waiting time that precedes or interrupts such travel.
• Q7. Is travel in connection with a permanent change of station (PCS) creditable for compensatory time off for travel? View more A. Although PCS travel is officially authorized travel, it is not travel between an official duty station and a temporary duty station or between two temporary duty stations. Therefore, it is not considered time in a travel status for the purpose of earning compensatory time off for travel.
• Q8. What is meant by "usual waiting time"? View more A. Airline travelers generally are required to arrive at the airport at a designated pre-departure time (e.g., 1 or 2 hours before the scheduled departure, depending on whether the flight is domestic or international). Such waiting time at the airport is considered usual waiting time and is creditable time in a travel status. In addition, time spent at an intervening airport waiting for a connecting flight (e.g., 1 or 2 hours) also is creditable time in a travel status. In all cases, determinations regarding what is creditable as "usual waiting time" are within the sole and exclusive discretion of the employing agency.
• Q9. What if an employee experiences an "extended" waiting period? View more A. If an employee experiences an unusually long wait prior to his or her initial departure or between actual periods of travel during which the employee is free to rest, sleep, or otherwise use the time for his or her own purposes, the extended waiting time outside the employee's regular working hours is not creditable time in a travel status. An extended waiting period that occurs during an employee's regular working hours is compensable as part of the employee's regularly scheduled administrative workweek.
• Q10. Do meal periods count as time in a travel status? View more A. Meal periods during actual travel time or waiting time are not specifically excluded from creditable time in a travel status for the purpose of earning compensatory time off for travel. However, determinations regarding what is creditable as "usual waiting time" are within the sole and exclusive discretion of the employing agency.
• Q11. What happens once an employee reaches a temporary duty station? View more A. Time spent at a temporary duty station between arrival and departure is not creditable travel time for the purpose of earning compensatory time off for travel. Time in a travel status ends when the employee arrives at the temporary duty worksite or his or her lodging in the temporary duty station, wherever the employee arrives first. Time in a travel status resumes when an employee departs from the temporary duty worksite or his or her lodging in the temporary duty station, wherever the employee departs last.
• Q12. When is it appropriate for an agency to offset creditable time in a travel status by the amount of time the employee spends in normal commuting between home and work? View more A. If an employee travels directly between his or her home and a temporary duty station outside the limits of the employee's official duty station (e.g., driving to and from a 3-day conference), the agency must deduct the employee's normal home-to-work/work-to-home commuting time from the creditable travel time. The agency must also deduct an employee's normal commuting time from the creditable travel time if the employee is required—outside of regular working hours—to travel between home and a transportation terminal (e.g., an airport or train station) outside the limits of the employee's official duty station.
• Q13. What if an employee travels to a transportation terminal within the limits of his or her official duty station? View more A. An employee's time spent traveling outside of regular working hours to or from a transportation terminal within the limits of his or her official duty station is considered equivalent to commuting time and is not creditable time in a travel status for the purpose of earning compensatory time off for travel.
• Q14. What if an employee travels from a worksite to a transportation terminal? View more A. If an employee travels between a worksite and a transportation terminal, the travel time outside regular working hours is creditable as time in a travel status, and no commuting time offset applies. For example, after completing his or her workday, an employee may travel directly from the regular worksite to an airport to attend an out-of-town meeting the following morning. The travel time between the regular worksite and the airport is creditable as time in a travel status.
• Q15. What if an employee elects to travel at a time other than the time selected by the agency? View more A. When an employee travels at a time other than the time selected by the agency, the agency must determine the estimated amount of time in a travel status the employee would have had if the employee had traveled at the time selected by the agency. The agency must credit the employee with the lesser of (1) the estimated time in a travel status the employee would have had if the employee had traveled at the time selected by the agency, or (2) the employee's actual time in a travel status at a time other than that selected by the agency.
• Q16. How is an employee's travel time calculated for the purpose of earning compensatory time off for travel when the travel involves two or more time zones? View more A. When an employee's travel involves two or more time zones, the time zone from point of first departure must be used to determine how many hours the employee actually spent in a travel status for the purpose of accruing compensatory time off for travel. For example, if an employee travels from his official duty station in Washington, DC, to a temporary duty station in San Francisco, CA, the Washington, DC, time zone must be used to determine how many hours the employee spent in a travel status. However, on the return trip to Washington, DC, the time zone from San Francisco, CA, must be used to calculate how many hours the employee spent in a travel status.
• Q17. How is compensatory time off for travel earned and credited? View more A. Compensatory time off for travel is earned for qualifying time in a travel status. Agencies may authorize credit in increments of one-tenth of an hour (6 minutes) or one-quarter of an hour (15 minutes). Agencies must track and manage compensatory time off for travel separately from other forms of compensatory time off.
• Q18. Is there a limitation on the amount of compensatory time off for travel an employee may earn? View more A. No.
• Q19. How does an employee request credit for compensatory time off for travel? View more A. Agencies may establish procedures for requesting credit for compensatory time off for travel. An employee must comply with his or her agency's procedures for requesting credit of compensatory time off, and the employee must file a request for such credit within the time period established by the agency. An employee's request for credit of compensatory time off for travel may be denied if the request is not filed within the time period required by the agency.
• Q20. Is there a form employees must fill out for requests to earn or use compensatory time off for travel? View more A. There is not a Governmentwide form used for requests to earn or use compensatory time off for travel. However, an agency may choose to develop a form as part of its internal policies and procedures.
• Q21. How does an employee use accrued compensatory time off for travel? View more A. An employee must request permission from his or her supervisor to schedule the use of his or her accrued compensatory time off for travel in accordance with agency policies and procedures. Compensatory time off for travel may be used when the employee is granted time off from his or her scheduled tour of duty established for leave purposes. Employees must use accrued compensatory time off for travel in increments of one-tenth of an hour (6 minutes) or one-quarter of an hour (15 minutes).
• Q22. In what order should agencies charge compensatory time off for travel? View more A. Agencies must charge compensatory time off for travel in the chronological order in which it was earned, with compensatory time off for travel earned first being charged first.
• Q23. How long does an employee have to use accrued compensatory time off for travel? View more A. An employee must use his or her accrued compensatory time off for travel by the end of the 26th pay period after the pay period during which it was earned or the employee must forfeit such compensatory time off, except in certain circumstances. (See Q24 and Q25 for exceptions.)
• Q24. What if an employee is unable to use his or her accrued compensatory time off for travel because of uniformed service or an on-the-job injury with entitlement to injury compensation? View more A. Unused compensatory time off for travel will be held in abeyance for an employee who separates, or is placed in a leave without pay status, and later returns following (1) separation or leave without pay to perform service in the uniformed services (as defined in 38 U.S.C. 4303 and 5 CFR 353.102) and a return to service through the exercise of a reemployment right or (2) separation or leave without pay due to an on-the-job injury with entitlement to injury compensation under 5 U.S.C. chapter 81. The employee must use all of the compensatory time off for travel held in abeyance by the end of the 26th pay period following the pay period in which the employee returns to duty, or such compensatory time off for travel will be forfeited.
• Q25. What if an employee is unable to use his or her accrued compensatory time off for travel because of an exigency of the service beyond the employee's control? View more A. If an employee fails to use his or her accrued compensatory time off for travel before the end of the 26th pay period after the pay period during which it was earned due to an exigency of the service beyond the employee's control, the head of an agency, at his or her sole and exclusive discretion, may extend the time limit for up to an additional 26 pay periods.
• Q26. May unused compensatory time off for travel be restored if an employee does not use it by the end of the 26th pay period after the pay period during which it was earned? View more A. Except in certain circumstances (see Q24 and Q25), any compensatory time off for travel not used by the end of the 26th pay period after the pay period during which it was earned must be forfeited.
• Q27. What happens to an employee's unused compensatory time off for travel upon separation from Federal service? View more A. Except in certain circumstances (see Q24), an employee must forfeit all unused compensatory time off for travel upon separation from Federal service.
• Q28. May an employee receive a lump-sum payment for accrued compensatory time off for travel upon separation from an agency? View more A. No. The law prohibits payment for unused compensatory time off for travel under any circumstances.
• Q29. What happens to an employee's accrued compensatory time off for travel upon transfer to another agency? View more A. When an employee voluntarily transfers to another agency (including a promotion or change to lower grade action), the employee must forfeit all of his or her unused compensatory time off for travel.
• Q30. What happens to an employee's accrued compensatory time off for travel when the employee moves to a position that is not covered by the regulations in 5 CFR part 550, subpart N? View more A. When an employee moves to a position in an agency not covered by the compensatory time off for travel provisions (e.g., the United States Postal Service), the employee must forfeit all of his or her unused compensatory time off for travel. However, the gaining agency may use its own legal authority to give the employee credit for such compensatory time off.
• Q31. Is compensatory time off for travel considered in applying the premium pay and aggregate pay caps? View more A. No. Compensatory time off for travel may not be considered in applying the biweekly or annual premium pay limitations established under 5 U.S.C. 5547 or the aggregate limitation on pay established under 5 U.S.C. 5307.
• Q32. When are criminal investigators who receive availability pay precluded from earning compensatory time off for travel? View more A. Compensatory time off for travel is earned only for hours not otherwise compensable. The term "compensable" is defined at 5 CFR 550.1403 to include any hours of a type creditable under other compensation provisions, even if there are compensation caps limiting the payment of premium pay for those hours (e.g., the 25 percent cap on availability pay and the biweekly premium pay cap). For availability pay recipients, this means hours of travel are not creditable as time in a travel status for compensatory time off purposes if the hours are (1) compensated by basic pay, (2) regularly scheduled overtime hours creditable under 5 U.S.C. 5542, or (3) "unscheduled duty hours" as described in 5 CFR 550.182(a), (c), and (d).
• Q33. What constitutes "unscheduled duty hours" as described in 5 CFR 550.182(a), (c), and (d)? View more A. Under the availability pay regulations, unscheduled duty hours include (1) all irregular overtime hours—i.e., overtime work not scheduled in advance of the employee's administrative workweek, (2) the first 2 overtime hours on any day containing part of the employee's basic 40-hour workweek, without regard to whether the hours are unscheduled or regularly scheduled, and (3) any approved nonwork availability hours. However, special agents in the Diplomatic Security Service of the Department of State may count only hours actually worked as unscheduled duty hours.
• Q34. Why are criminal investigators who receive availability pay precluded from earning compensatory time off when they travel during unscheduled duty hours? View more A. The purpose of availability pay is to ensure the availability of criminal investigators (and certain similar law enforcement employees) for unscheduled duty in excess of a 40-hour workweek based on the needs of the employing agency. Availability pay compensates an employee for all unscheduled duty hours. Compensatory time off for travel is earned only for hours not otherwise compensable. Thus, availability pay recipients may not earn compensatory time off for travel during unscheduled duty hours because the employees are entitled to availability pay for those hours.

A. When an employee who receives availability pay is required to travel on a non-workday or on a regular workday (during hours that exceed the employee's basic 8-hour workday), and the travel does not meet one of the four criteria in 5 U.S.C. 5542(b)(2)(B) and 5 CFR 550.112(g)(2), the travel time is not compensable as overtime hours of work under regular overtime or availability pay. Thus, the employee may earn compensatory time off for such travel, subject to the exclusion specified in 5 CFR 550.1404(b)(2) and the requirements in 5 CFR 550.1404(c),(d), and (e).

Under the provisions in 5 U.S.C. 5542(b)(2)(B) and 5 CFR 550.112(g)(2), travel time is compensable as overtime hours of work if the travel is away from the employee's official duty station and—

(i) involves the performance of work while traveling, (ii) is incident to travel that involves the performance of work while traveling, (iii) is carried out under arduous conditions, or (iv) results from an event which could not be scheduled or controlled administratively.

The phrase "an event which could not be scheduled or controlled administratively" refers to the ability of an agency in the Executive Branch of the United States Government to control the scheduling of an event which necessitates an employee's travel. If the employing agency or another Executive Branch agency has any control over the scheduling of the event, including by means of approval of a contract for it, then the event is administratively controllable, and the travel to and from the event cannot be credited as overtime hours of work.

For example, an interagency conference sponsored by the Department of Justice would be considered a joint endeavor of the participating Executive Branch agencies and within their administrative control. Under these circumstances, the travel time outside an employee's regular working hours is not compensable as overtime hours of work under regular overtime or availability pay. Therefore, the employee may earn compensatory time off for such travel, subject to the exclusion specified in 5 CFR 550.1404(b)(2) and the requirements in 5 CFR 550.1404(c), (d), and (e).

• Q36. If an employee is required to travel on a Federal holiday (or an "in lieu of" holiday), is the employee entitled to receive compensatory time off for travel? View more A. Although most employees do not receive holiday premium pay for time spent traveling on a holiday (or an "in lieu of" holiday), an employee continues to be entitled to pay for the holiday in the same manner as if the travel were not required. Thus, an employee may not earn compensatory time off for travel during basic (non-overtime) holiday hours because the employee is entitled to his or her rate of basic pay for those hours. Compensatory time off for travel may be earned by an employee only for time spent in a travel status away from the employee's official duty station when such time is not otherwise compensable.
• Q37. If an employee's regularly scheduled tour of duty is Sunday through Thursday and the employee is required to travel on a Sunday during regular working hours, is the employee entitled to earn compensatory time off for travel? View more A. No. Compensatory time off for travel may be earned by an employee only for time spent in a travel status away from the employee's official duty station when such time is not otherwise compensable. Thus, an employee may not earn compensatory time off for travel for traveling on a workday during regular working hours because the employee is receiving his or her rate of basic pay for those hours.
• Q38. May an agency change an employee's work schedule for travel purposes? View more A. An agency may not adjust the regularly scheduled administrative workweek that normally applies to an employee (part-time or full-time) solely for the purpose of including planned travel time not otherwise considered compensable hours of work. However, an employee is entitled to earn compensatory time off for travel for time spent in a travel status when such time is not otherwise compensable.
• Q39. Is time spent traveling creditable as credit hours for an employee who is authorized to earn credit hours under an alternative work schedule? View more A. Credit hours are hours an employee elects to work, with supervisory approval, in excess of the employee's basic work requirement under a flexible work schedule. Under certain conditions, an agency may permit an employee to earn credit hours by performing productive and essential work while in a travel status. See OPM's fact sheet on credit hours  for the conditions that must be met. If those conditions are met and the employee does earn credit hours for travel, the time spent traveling would be compensable and the employee would not be eligible to earn compensatory time off for travel. If the conditions are not met, the employee would be eligible to earn compensatory time off for travel.
• Q40. May an agency restore an employee's forfeited "use-or-lose" annual leave because the employee elected to use earned compensatory time off for travel instead of using his or her excess annual leave? View more A. Section 6304(d) of title 5, United States Code, prescribes the conditions under which an employee's forfeited annual leave may be restored to an employee. (See fact sheet on restoration of annual leave .) There is no legal authority to restore an employee's forfeited annual leave because the employee elected to use earned compensatory time off for travel instead of using his or her excess annual leave.

A. No. Compensatory time off for travel may be earned by an employee only for time spent in a travel status away from the employee's official duty station when such time is not otherwise compensable. The term "compensable" is defined at 5 CFR 550.1403 to make clear what periods of time are "not otherwise compensable" and thus potentially creditable for the purpose of earning compensatory time off for travel. Time is considered compensable if the time is creditable as hours of work for the purpose of determining a specific pay entitlement (e.g., overtime pay for travel meeting one of the four criteria in 5 CFR 550.112(g)(2)) even when the time may not actually generate additional compensation because of applicable pay limitations (e.g., biweekly premium pay cap). The capped premium pay is considered complete compensation for all hours of work creditable under the premium pay provisions.

In other words, even though an employee may not receive overtime pay for all of his or her travel hours because of the biweekly premium pay cap, all of the travel time is still considered to be compensable under 5 CFR 550.112(g)(2). Under these circumstances, the employee has been compensated fully under the law for all of the travel hours and the employee may not earn compensatory time off for any portion of such travel not generating additional compensation because of the biweekly cap on premium pay.

• Q42. May an employee who receives administratively uncontrollable overtime (AUO) pay under 5 U.S.C. 5545(c)(2) earn compensatory time off for travel? View more A. If such employee's travel time is not compensable under 5 CFR 550.112(g) or 5 CFR 551.422, as applicable, and meets the requirements in 5 CFR part 550, subpart N, the employee is eligible to earn compensatory time off for travel for time spent in a travel status.
• Q43. If a part-time employee's regularly scheduled tour of duty is Monday through Friday, 8:00 a.m. to 2:30 p.m., and the employee is required to travel on a Friday from 2:30 p.m. to 4:30 p.m., is the employee entitled to earn compensatory time off for travel for those 2 hours? View more A. It depends. If the travel qualifies as compensable hours of work under 5 U.S.C. 5542(b)(2)(B) and 5 CFR 550.112(g)(2)—i.e., the travel involves or is incident to the performance of actual work, is carried out under arduous and unusual conditions, or results from an event which could not be scheduled or controlled administratively—the employee may not be credited with compensatory time off for travel hours. (Such travel time outside a part-time employee's scheduled tour of duty, but not in excess of 8 hours in a day or 40 hours in a week, would be non-overtime hours of work compensated at the employee's rate of basic pay.) If the travel time does not qualify as compensable hours of work and meets the other requirements in 5 CFR part 550, subpart N, the part-time employee would be entitled to earn compensatory time off for those 2 hours. We note travel time is always compensable hours of work if it falls within an employee's regularly scheduled administrative workweek. (See 5 U.S.C. 5542(b)(2)(A) and 5 CFR 550.112(g)(1).) For a part-time employee, the regularly scheduled administrative workweek is defined in 5 CFR 550.103 as the officially prescribed days and hours within an administrative workweek during which the employee was scheduled to work in advance of the workweek. An agency may not adjust the regularly scheduled administrative workweek normally applied to an employee (part-time or full-time) solely for the purpose of including planned travel time otherwise not considered compensable hours of work.
• Q44. Does an upgrade in travel accommodations impact an employee's entitlement to compensatory time off for travel? View more A. Allowing an employee to upgrade his or her travel accommodations (e.g., to business class) does not eliminate his or her eligibility to earn compensatory time off for travel.

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VA travel pay reimbursement

VA travel pay reimbursement pays eligible Veterans and caregivers back for mileage and other travel expenses to and from approved health care appointments. Find out if you’re eligible and how to file a claim.

File a claim for general health care travel reimbursement online

General health care travel reimbursement covers these expenses for eligible Veterans and caregivers:

• Regular transportation, such as by car, plane, train, bus, taxi, or light rail
• Approved meals and lodging expenses

You can file a claim online through the Beneficiary Travel Self Service System (BTSSS).

Filing a travel pay claim for the first time?  Keep reading to find out if you’re eligible and what to know before you file your claim.

Eligibility for general health care travel reimbursement

For veterans.

As a Veteran, you may be eligible for reimbursement if you meet the requirements listed here.

This must be true:

You’re traveling for care at a VA health facility or for VA-approved care at a non-VA health facility in your community.

And at least one of these must also be true:

• You have a VA disability rating of 30% or higher,  or
• You’re traveling for treatment of a service-connected condition, even if your VA disability rating is less than 30%,  or
• You receive a VA pension,  or
• You have an income that’s below the maximum annual VA pension rate,  or
• You can’t afford to pay for your travel, as defined by our guidelines,  or
• You’re traveling for one of these reasons: A scheduled VA claim exam (also called a compensation and pension, or C&P, exam), to get a service dog, or for VA-approved transplant care 

For caregivers

We may pay for transportation and related lodging and meals for non-Veterans if the person meets any of these requirements.

At least one of these must be true:

• The person is your family caregiver under the National Caregiver Program traveling to receive caregiver training or to support your care,  or
• The person is your medically required attendant traveling with you to support your care,  or
• The person is your transplant care donor or support person

We may also pay for care for an allied beneficiary when the appropriate foreign government agency has authorized their care, or for the beneficiary of another federal agency when that agency has approved their care.

What to do before you file your first claim

• Set up direct deposit. We can then deposit your reimbursement into your bank account.  Learn how to set up direct deposit for VA travel pay reimbursement
• Keep your receipts for all transportation and approved meals or lodging. And track your mileage to and from appointments. Find out what expenses we pay for and current mileage rates
• Be sure to file your claim on time. You must file within 30 days of the appointment or of when you become eligible for reimbursement. File a new claim for each appointment. Get step-by-step instructions for how to file a travel pay claim online

Questions you may have about filing your claim

Yes. You can also file your claim by mail or in person at the VA facility where you received care. To do this, you’ll need to fill out a Veteran/Beneficiary Claim for Reimbursement of Travel Expenses (VA Form 10-3542).

Get VA Form 10-3542 to download  

Read the statements and certifications carefully. Then sign and date your form. Mail or take your completed form and receipts in person to the VA facility where you received care. If you mail your claim, we consider the postmark date the date of submission.

Find your VA health facility

You may be eligible for reimbursement if you meet at least one of the requirements listed here.

One of these must be true:

• You need in-patient care,  or
• You’re getting temporary lodging approved by VA

Note:   Special disability rehabilitation centers include facilities such as clinics that provide care for spinal cord injuries, vision loss or blindness, or prosthetics rehabilitation.

If you travel together with another Veteran

You’re eligible for reimbursement only if you meet at least one of these requirements.

At least one of these must be true :

• You’re the owner of the vehicle used for travel,  or
• You share a vehicle, like a taxi, with other Veterans and pay your own fare,  or
• You pay another Veteran to take you to an appointment

You’ll need to provide a receipt for your expenses. If you’re eligible for reimbursement, we’ll pay the mileage rate or actual expense, whichever is less.

If you use a free transportation service

You’re only eligible for reimbursement for any travel you may have had to get to and from your home to where you were picked up or dropped off by the service.

Free transportation services may include the Disabled American Veterans (DAV) system, VA Veterans Transportation Service (VTS), or other no-cost city or state transportation.

These types of transport are covered under special mode transportation reimbursement. You may be eligible for reimbursement if you meet the requirements listed here.

You’re a Veteran traveling for care at a VA health facility or for VA-approved care at a facility in your community.

And all of these must also be true:

• You’re eligible for general health care travel reimbursement,  and
• A VA health care provider determines that your medical condition requires an ambulance or a specially equipped van for travel,  and
• We’ve approved your travel in advance, unless the travel is for an emergency situation where a delay would threaten your life or health. If you need emergency transportation, notify us within 72 hours after transport.  

For more information, talk with your VA health care team.

Call your VA health facility’s Beneficiary Travel contact. Find the travel contact for your facility

Or call our BTSSS toll-free call center at  855-574-7292  ( TTY: 711 ). We’re here Monday through Friday, 8:00 a.m. to 8:00 p.m. ET.

We’ll deposit your reimbursement through electronic funds transfer (EFT), unless we’ve made other payment arrangements with you. 

Last updated: March 8, 2024

UK holidaymakers will have to pay €7 to visit the EU next summer - how will the EU visa waiver scheme work?

The EU is planning to introduce a visa waiver for some non-EU citizens. We look at how the scheme will work, how to apply, and if anyone is exempt

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UK citizens travelling to the EU next summer will have to pay €7 as part of a new visa waiver scheme.

It will be similar to the US Esta, and apply to 30 countries in Europe. Holidaymakers and business travellers will need to apply and pay for the waiver before they jet off.

It will be another thing for holidaymakers to remember, on top of things like arranging travel insurance and making sure they pack a travel-friendly debit or credit card .

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We look at how the scheme will work, who has to pay, and how to apply.

What is the EU visa waiver scheme? 

The new scheme is called the European Travel Information and Authorisation System (Etias).

Currently, visitors from the UK can visit the EU's borderless Schengen area for up to 90 days every 180 days without a visa.

This is also the case for citizens of other countries, such as the US, Canada and Australia.

The arrival of the Etias scheme will change this. Visitors from certain non-EU countries - including the UK - will need to apply for a visa waiver to travel to the EU for up to 90 days every 180 days. Longer stays will require a visa.

It means 1.4 billion people from more than 60 countries will be required to have a travel authorisation to enter 30 European countries for a short visit.

When will the scheme launch?

There is no official start date for the waiver scheme yet. The EU says it will begin in "the first half of 2025".

Ylva Johansson, the EU home affairs commissioner, said recently that it would likely come into force by May 2025. This could affect holidaymakers travelling during the May half-term, as well as the summer holidays next year.

The EU says it will run a six-month “transitional period” after the Etias is introduced. This means those travelling will be expected to apply for the waiver, but will not be refused entry at the border if they do not have it but fulfil other entry conditions.

Which European countries does it apply to? 

There are 30 European countries that require a visa waiver from UK travellers. These include holiday hotspots like France, Spain, Greece, Italy and Croatia.

Visa waivers will also be needed to visit popular cities like Paris, Amsterdam and Berlin. You can view the full list on the EU website .

Visiting Ireland or Turkey will not require an Etias authorisation.

How much will the EU visa waiver cost? 

The waiver will cost €7 (about £6) for most people. This is cheaper than the US Esta, which has a price tag of $21 (£16).

You won’t need to buy a new visa waiver for every trip, as it will last for three years and allow an unlimited number of visits.

However, it will be linked to your passport, so if your passport expires in less than three years, you will need to apply for a new Etias when you get a new passport.

Does everyone have to pay the visa waiver fee?

The €7 fee will apply to anyone between the ages of 18 and 70.

Travellers under 18 or over 70 will be exempt from the charge.

How do you apply for it?

It is not possible to apply for the scheme yet. 

When it launches, passengers will be able to apply online or via a mobile app. The application form will take around 10 minutes to complete, according to the EU.

The details needed for the form will include passport information, employment details, any criminal convictions and medical conditions.

More than 95% of applications will be approved automatically within minutes, the EU says. But in some cases it may take up to 72 hours.

Applications could also be denied.

Our team, led by award winning editors, is dedicated to delivering you the top news, analysis, and guides to help you manage your money, grow your investments and build wealth.

Ruth is an award-winning financial journalist with more than 15 years' experience of working on national newspapers, websites and specialist magazines.

She is passionate about helping people feel more confident about their finances. She was previously editor of Times Money Mentor, and prior to that was deputy Money editor at The Sunday Times. 

A multi-award winning journalist, Ruth started her career on a pensions magazine at the FT Group, and has also worked at Money Observer and Money Advice Service. 

Outside of work, she is a mum to two young children, while also serving as a magistrate and an NHS volunteer.

Advice You can't predict when volatility will hit your investment portfolio but you can prepare for it

By Marc Shoffman Published 22 August 24

News The government is waiting for replies from thousands of people whose relatives may have been underpaid their state pension. Are you owed money?

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Starbucks new boss under fire for 1,000-mile commute

The newly-announced boss of Starbucks, Brian Niccol, has come under fire after it was revealed he will commute almost 1,000 miles (1,600km) from his family home in Newport Beach, California, to the firm's headquarters in Seattle on a corporate jet.

Critics have noted what they see as a discrepancy between the company's public stance on green issues and the lifestyles of its top executives.

Mr Niccol is due to take up the role at the helm of the world's biggest coffee shop chain on 9 September.

A Starbucks spokesperson told the BBC Mr Niccol will have a primary office in Seattle where he will spend most of his time when he is not "visiting partners and customers" around the world.

Mr Niccol's job offer did say he would "not be required to relocate to the company’s headquarters", but added: "You agree to commute from your residence to the company’s headquarters... as is required to perform your duties and responsibilities".

The document states that he will be eligible to use the company's aircraft for "business related travel" and for "travel between [his] city of residence and the company's headquarters".

Starbucks also said it will set up a small remote office in Newport Beach for Mr Niccol to use when working from California.

Starbucks has a hybrid work policy that means employees have to be in the office at least three days a week.

“Brian’s schedule will exceed the hybrid work guidelines and workplace expectations we have for all partners," a Starbucks spokesperson said.

The coffee shop chain added that Mr Niccol is likely to buy a home in Seattle and was not expected to travel back and forth daily.

Dan Coatsworth, an investment analyst at AJ Bell, told the BBC Mr Niccol "on paper" was being given the "same hybrid working terms as other office-based employees, as one might expect".

"However, what leaves a sour taste is the idea he can use a private jet to nip 1,000 miles between California and Seattle," he added.

Mr Coatsworth said while using a private jet was not only bad for the environment and would send a bad message to customers and staff, it was also "ultimately not a practical way to run a $105bn business with an estimated 400,000 employees".

"A leader needs to be at the heart of a business, not sitting on the beach enjoying the perks of the job," he said.

"The fact Brian Niccol was drafted in to give a new lease of life to Starbucks implies he has a big challenge ahead. This isn’t taking the reins of a business firing on all cylinders; it’s a repair job which means being in the engine room at all times."

The topic of where people work from has been debated in recent years, with companies in many industries wrestling with whether to allow the remote work practices that exploded during the coronavirus pandemic to continue.

Andrew Speke, a spokesperson for High Pay Centre, a think tank which tracks executives' pay, said it was important for business leaders that "employees can see that it’s not one rule for them and one rule for their bosses".

'One rule for them, one rule for us'

The terms of his employment also sparked a backlash on social media.

"That's nice... good convenience for top talent! But hope we don't see too many new 'sustainability' and 'environment' related ads from @starbucks? *Wink*," said one X user.

"The new Starbucks CEO is 'supercommuting' 1,000 miles to Seattle on a private jet to work, so don’t be too harsh on that waitress who gave you a plastic straw when you didn’t want one," said another .

Some sectors, such as banking, signalled early on that they would expect staff to return to the office full-time, while others, often in the tech industry, have said they will allow remote work indefinitely. Many places have opted for a mix.

Others focused on how much Mr Niccol is set to get paid in his new job.

"How come we never talk about CEO pay when we talk about rising prices?" former US Secretary of Labor Robert Reich posted .

According to the terms of his offer, Mr Niccol's annual base pay will be $1.6m (£1.2m). On top of that he could get a performance-related bonus of as much as $7.2m and up to $23m a year of Starbucks shares.

Starbucks defended the plan, saying that Mr Niccol was "one of the most effective leaders in our industry" and that his compensation was "tied directly to the company’s performance and the shared success of all our stakeholders".

A report published by the United Nations in 2021 showed that the world's wealthiest 1% of people produced double the combined carbon emissions of the poorest 50%.

Starbucks announced this month that Mr Niccol would be replacing Laxman Narasimhan as its chief executive.

The announcement came as the coffee chain looks to boost flagging sales.

Mr Niccol had led the Mexican fast food chain Chipotle since 2018, helping it to recover from a crisis after outbreaks of food poisoning.

During his time in the role the firm's sales doubled and its shares surged from less than $7 each to more than $50.

Chipotle also opened almost 1,000 new stores and new technologies were introduced to automate food preparation.

In recent months, it has been seen as a bright spot in the restaurant industry, where many businesses have reported that customers are cutting spending.

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Travel Pay Information

Filling out your dd 1351-2 travel voucher.

We are here to help or visit your  local pay office  for assistance. Your local pay office or DFAS Customer Care Centers can provide assistance for free. Be cautious when using a service not affiliated with DFAS.

The May 2011 DD1351-2 travel voucher is the only accepted version of the form. 

Read more about the new Chip/PIN travel cards!

Visit Defense Travel to learn more.   

Separating or Retiring - Pay attention to your discharge date

Your travel voucher cannot be processed until the date you are placed on the retirement list or your discharge date. This date will be on your military orders. Refer to the  Joint Travel Regulations  (JTR) for more information.

Check Your Voucher Status Online

Joint Travel Regulations:    

Click to view Joint Travel Regulations .

Are you sending in your TDY travel claim? 

Make sure you print the separator sheet and place between each claim if you have more than one .  Separate your DD1351-2 and supporting documents for the first claim - insert separator sheet - add DD1351-2 and supporting documents for second claim - insert separator sheet - add third claim (repeat as needed). Then scan, and submit online with Travel Voucher Direct .

Travel Pay Resources

Defense Travel System (DTS) Defense Personal Property Program (DP3) Conversion Rates Scale Locator   Frequently Asked PCS Questions at DTMO