Fair Labor Standard Act (FLSA) & Travel Time

General Rules

A. Excluding normal commuting time, employees should be compensated for all travel unless:

1. It is overnight; or
2. No work is performed.

B. An employer may rearrange the work schedule within the workweek (Sunday – Saturday) to avoid

additional compensation hours that may occur because of travel time or compensable commuting

time as described below. Whenever possible, the employer and employee should discuss the

possibility of rearranging the work schedule prior to departure.

Commute Time

Generally, an employee is not at work until he or she reaches the work site and begins working.



A. If the employee is required to report to a meeting place where he or she is to pick up materials,

equipment, or other employees, or to receive instructions before traveling to the work site, time

is compensable only once the employee reaches the meeting place.



If the employee drives a state vehicle, to and from work, he or she does not have to be compensated

for that commuting time as long as:

1. Driving the vehicle between home and work is strictly voluntary and not a condition of employment;
2. The vehicle is a type normally used for commuting;
3. The employee incurs no costs for driving the employer’s vehicle or parking it at home; and
4. The work sites are within normal commuting area of the employer’s place of business.

Note: Unless there is a contract, custom or practice providing that an employee’s regular daily travel time

between home and the workplace is compensable, such travel time is not compensable. If such a contract,

custom or practice exists, the travel time is compensable.

Travel During the Workday

Travel as a part of the employee’s principal activity must be counted as hours worked. If the travel

is for the benefit of the employer, it is compensable.

• Example: the employee travels from job site to job site during the workday.

B. If the employee runs an errand (i.e., stops at a business or at home) for his or her own

convenience, the time traveling to/from that site that adds additional time is not compensable.

• Example: the employee leaves home for the work site but stops at a shop for his or her own convenience.

C. Time spent by the driver in picking up other passengers and transporting them to a specific

location is work time and therefore compensable. The time the picked-up passengers spend

traveling in the car is also compensable.

Out of Town Travel - Special One Day Assignment

A. If the employee is assigned to work in another city for one (1) day and the travel is performed for

the employer’s benefit and at its request, it is part of the principal activity of the employee and

therefore is compensable. This is true even if the employee is traveling by common carrier since

this is a special assignment and is not ordinary home to work travel. The assignment is performed

for the employer’s benefit and at the employer’s special request to meet the needs of the

particular and unusual assignment.



B. However, in this special one-day assignment, travel time between the employee’s home and the

airport or railway station is considered commute time and, therefore, is compensable.

Overnight Travel

Travel that keeps an employee away from home overnight is travel away from home. Travel away from home is work time and is compensable.



A. Travel time is compensable regardless of work schedule.

• Example: Employee drives to the airport to attend a seminar and has two co–workers as passengers with him/her. Whether the trip is made during normal workdays/workhours or non-normal workdays/workhours (i.e. Saturday or Sunday for an employee who works Monday through Friday) the travel time is compensable; all three employees are compensated.

B. Time spent at a motel with freedom to use time for the employee’s own purposes is not

compensable.

C. Time Zone Changes – If the time zone changes during the travel day, the hours should be calculated based upon “actual” hours when calculating compensable time on travel days. A department may wish to use Central Standard Time (CST) for travel days to assist in determining work hours. Local time should be used for all other days of the travel.

• Example: Employee left Lawrence at 9:00 a.m. CST to travel to the airport and arrived at a hotel in Phoenix at Noon Pacific Standard Time (PST) (which is 2:00 CST). Actual hours of travel are 5 hours (9 am to 2:00 CST).
• Example: Employee left a hotel in San Francisco at 8 a.m. PST (which is 10:00 a.m. CST) to travel to the airport and board a return flight. Employee returns to Lawrence at 1:00 p.m. CST (11:00 p.m. PST). Actual hours of travel are 3 hours (10:00 a.m. to 1:00 p.m. CST).

Additional Resources:

Fair Labor Standards Act (FLSA)

University Fair Labor Standards Act (FLSA) Policy

Overnight Travel

A. When the travel takes place inside or outside the employee’s normal workdays or work hours; the employee is required to be compensated for the travel time to the airport or hotel, regardless of whether the employee is a driver or a passenger.



B. The employee is compensated for all required conference events that require the employee to engage in training, attend a meeting, or listen to a speaker. The employee is not compensated for time at social events, meals without speakers or meals when work is not being performed.



C. An employer, or the employee with prior approval of the employee’s supervisor, may rearrange the employee’s work schedule within the workweek to avoid additional compensation hours.



D. If the time zone changes during the travel day, you will need to count “actual” hours. To determine work hours on travel days, use the Central Standard Time (CST) Zone for both days in order to avoid disadvantaging the employee due to time changes. For non-travel days, use local time.

FLSA and Travel Time Guidelines for Overtime Eligible Employees (Effective: 05/21/2017)The University of Kansas, Human Resources, Carruth-O’Leary Hall, Room 103, 1246 West Campus Road, Lawrence, KS 66045, 785-864-4946 (voice), 785-864-5790 (fax), hrdept@ku.edu (email).