Pay for nonexempt employees traveling on business is governed by provisions of the Fair Labor Standards Act (FLSA). Travel time will be paid at the employee's regular hourly rate, or overtime rate when the total number of hours worked is more than 40 in a workweek. Nonexempt employees must be compensated for time spent traveling based on the guidelines outlined below.
The number of compensable travel hours depends on whether the trip is one day only or overnight, and whether the travel time takes place within normal or outside of the employee's normal work schedule.
A. Normal Commute. Normal commute/travel time to and from work is not compensated.
B. Same Day Travel. Time spent traveling during an employee's normally scheduled work hours to and from a worksite or to and from another city for business purposes (i.e., to attend a business meeting or seminar) is counted as hours worked, whether as a driver or passenger by car or common carrier (airplane, train, bus).
If the employee departs directly from his/her home and/or if an employee returns directly home for work-related travel, the normal commute time should be deducted from hours worked.
C. Overnight Travel. When travel keeps an employee away from home overnight, any portion of authorized travel time that takes place within the employee's normally scheduled work hours on any day of the week, including weekends, is treated as work hours.
If the employee departs directly from his/her home and/or if an employee returns directly home for work-related travel, the normal commute time may be deducted from hours worked.
When traveling to a location, the destination is either the hotel or worksite (whichever location the employee travels directly to).
When returning from a remote location, the destination is the employee's regular worksite (even if the employee is returning home since normal commute time may be deducted from hours worked).
D. Travel Outside of Normal Work Hours. When an employee travels outside of his/her normal work hours, travel time may or may not be compensated as outlined below:
1. If travel time is outside of normal work hours and is on a common carrier (airplane, bus, train, etc.) and no work is performed, the travel time is not compensated.
2. If the travel is outside of normal work hours and is on a common carrier (airplane, bus, train, etc.) and work is performed, the travel time is compensated.
3. If travel time is outside of normal working hours and the employee is required to drive or travel as a passenger in an automobile, the time is compensated.
E. Special Travel Notations. When traveling for the district, employees will be compensated a minimum of their normal hours scheduled for the workday.
When an employee drives, time must always be counted as hours worked.
When flying, employees will be compensated from the arrival time at the airport (up to two hours prior to the flight) unless the flight is delayed. If the flight is delayed, the employee will be compensated for all hours associated with the delay upon arrival to the airport. When an employee travels between two or more time zones, the time zone associated with the point of departure should be used to determine the number of work hours for that day and whether or not the travel falls within normal work hours.
Please note that this only applies if the hours prior to the flight are within the employee's normal working hours.
F. Exclusions From Travel Time. Regular meal period time is not considered compensable time while traveling.
If an employee requests a specific travel itinerary or mode of transportation that is different from the one authorized by the district, only the estimated travel time associated with the itinerary and mode of transportation that has been authorized will be eligible for compensation. For example, if an employee drives a car as a matter of personal preference when an authorized flight or other travel mode is available, and the travel time by car would exceed that of the authorized mode, only the estimated travel time associated with the authorized mode will be compensated.
Free time, time spent sleeping, eating meals, and other personal activities is not considered work time and is not compensable time.
G. Examples.
1. Example 1. An employee's normal work schedule is 7:00 a.m. to 5:30 p.m. Monday through Thursday. The employee travels on business for a training session to a location that requires two hours of travel time. The employee normally has a 15-minute commute each way to work. S/he leaves home at 6:00 a.m. on Tuesday morning, drives two hours to the location of training session. S/he then attends the training session from 8:00 a.m. until 4:30 p.m., and drives directly home, arriving at 6:30 p.m.
Compensable time in this example would be from 6:00 a.m. to 6:30 p.m., less the normal 30-minute unpaid meal break and less 30 minutes which would have been the employee's normal commute time for a total of 11.5 work hours.
2. Example 2. An employee's normal work schedule is 7:00 a.m. to 5:30 p.m. Monday through Thursday. The employee travels on business to a conference location that requires two hours of driving to the airport, a wait in the airport of one hour prior to boarding the flight, and a four-hour flight. The employee leaves Saturday morning at 8:30 a.m. and arrives at their destination at 4:00 p.m. but does not begin work until Monday morning at 8:30 a.m. The employee attends the conference until 4:00 p.m. on Monday and from 8:30 a.m. to 4:00 p.m. on Tuesday. After the conference ends at 4:00 p.m. on Tuesday, the employee catches a cab to the airport, waits in the airport one hour prior to the flight, flies home and upon arrival at the airport drives two hours home. The employee arrives Wednesday morning at 1:00 a.m. and returns to work at the regularly scheduled time that day to work the remainder of the week.
a. Compensable time in this example would be:
i. The 1.75 hours driving time on Saturday and 1.75 hours of driving time on Tuesday night/Wednesday morning.
ii. Normal work hours on Monday and Tuesday – 10 hours each day.
iii. The one-hour wait in the airport on Saturday prior to the flight's departure.
iv. The four-hour flight on Saturday is compensated, because it cuts across normal working hours, even though it is a nonworkday.
b. Noncompensable time in this example would be:
i. The flight time on Tuesday since it is outside the normal work schedule (assuming the employee did not perform work tasks while s/he was a passenger on the flight).
ii. The 30 minutes which would have been the employee's normal commute time (15 minutes each way) from home to work.
iii. Meal times and other time outside the employee's normal work hours.
H. Calculating and Reporting Travel Time. Employees are responsible for accurately tracking, calculating and reporting travel time in accordance with this policy.
(Res. 19-20 § 2 (Att. A); Res. 22-20 Exh. A)