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Travel Time Pay Rules in California (2024): The Ultimate Guide

Posted January 31, 2020 by lewislaw & filed under Employment Law Articles .

Last Updated:

• January 18, 2024

A comprehensive guide to travel time pay rules in California —when employees are entitled to be paid for travel time and how to recover those lost wages.

Unpaid travel time can exceed over $100,000 in lost wages, interest and penalties.

Find out how much of your travel time should be paid and how you can recover it.

Article Contents:

Section #1: types of travel time that should be paid, types of travel time that should be paid.

• Time when you actually perform work (i.e. sending email, making phone calls, etc.); OR
• Time when you do not actually perform work (and might even be doing personal things like checking the internet, texting and making personal calls), but when your employer exercises enough control over you that the law considers it working time.

When is an employee considered to be "Performing Work"?

Unlike John, however, Mary is required, on her way to work, to drive to a secure storage facility to pick up the tools she will use for that day. On the way home from work, she is required to return to the storage facility to unload the tools, clean them, and make sure they are locked up for the night. 

Mary is entitled to be compensated for the time spent loading, unloading, and cleaning the tools, as well as for the time she spends traveling between the storage facility and company headquarters. This is because these activities add time and exertion beyond what her normal commute would require. In other words, she is performing actual work for her employer during that time.

When is an employee “subject to control” of the employer?

Many legal cases considering whether an employee should be paid for travel time focus on the issue of whether the employee was “subject to the control” of the employer during the travel time. The key question is what does your employer require you to do?

• Does your employer require you to travel to work in a company vehicle?
• Does your employer require to follow certain when traveling to or returning from work each day?

Examples where the employee should be paid for travel time

• When the employer provides transportation to a jobsite (example: a bus) and requires that employees only use that form of transportation to get to work.
• When the employee has already reported to the worksite at the beginning of a shift and then the employer instructs the employee to travel to other locations.
• When the employee is required to engage in overnight travel (for example, if the employee is required to take an airplane to attend a conference in another state, the employee must be compensated for time traveling, as well as time spent checking bags, going through security screening, etc.).

Examples where the employee is not entitled to be paid for travel time

• When the employee is making the normal commute between home and work.
• When the employer provides transportation to a jobsite (example: a bus or company van) but does not require that employees use of that mode of transportation to arrive at the job.
• When, during required overnight travel, the employee takes time to do personal things like go out to dinner, go sight-seeing, or sleep.

[ return to top ] 

Section #2: When Should You Be Paid For Travel Time?

When should you be paid for travel time.

Travel when overnight stay is required

• Conferences
• Sales meetings
• Continuing education requirements

From the Law:

Travel from one workplace to another in the same day, travel from home to work when there is no fixed workplace, if you are required to report to a work location that is farther away than your normal work location., if you have no fixed job site and are required to travel an unreasonable distance to get to work., travel from home to work in a work vehicle, travel when you work from home (virtual or remote employees).

More than 8 million people now work exclusively from home. In California nearly 6% of workers work from home , a percentage that almost doubles when you look at some locations in the San Francisco Bay and Los Angeles areas.

Section #3: How Much Should You Be Paid for Travel Time?

How much should you be paid for travel time.

You must be paid at least minimum wage or your regular hourly rate for travel time.

Employers can pay a lower hourly rate for travel time..

• Provide you notice prior to the travel time.
• Separately track your travel time.
• Separately list your travel time, including the total hours traveled and your travel time rate on each pay stub.

Section #4: How to Calculate Your Travel Time Pay

How to calculate your travel time pay.

Calculating your travel time pay

How to calculate overtime (based on travel hours), reimbursement for travel expenses (mileage), section #5: how to recover your travel time pay, how to recover your travel time pay.

There are strict time limits for recovering your unpaid travel time

Recovering travel time pay while you are still working at the company.

• Discrimination
• Retaliation
• Firing/Termination
• Reduction in Pay
• Reassignment of Position
• Other Adverse Employment Actions

Recovering travel time pay if you do not want to file a lawsuit

Section #6: choosing the right attorney, choosing the right attorney.

Questions You Can Use to Interview Attorneys

• Do you practice employment law?
• What is your level of experience dealing with travel time cases?
• Have you had favorable outcomes? (Most attorneys will be able to answer this question. But they might not be able to tell you how much they have won in these types of cases if there is a confidentiality agreement in place. Attorneys are obligated to keep confidential settlements confidential.)
• What do you think is the best strategy for handling my case keeping in mind my goals? (tell the attorney about your goals for resolving the case)
• How long will it take to resolve my case?
• What is your fee structure?
• What does your fee include and exclude?

After speaking with the attorney, consider the following questions:

• Was the attorney responsive?
• Did the attorney answer your questions?
• Did the attorney inspire confidence in you that he or she knew the subject matter?
• Is the attorney someone you feel you can trust?

Section #7: Hire an Experienced Travel Time Pay Attorney

Hire an experienced travel time pay attorney.

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• California Break Laws and Calculating Travel Time

Counting and Recording Hours of Work: Travel Time, Overtime & More

A variety of California and federal laws govern your counting and recording of employees' working hours and compensation. Under certain circumstances "working hours" may include such activities as travel time and education/training time.

Common Mistake

• Not paying required overtime premiums.

Workdays and Workweeks Defined

Having a clearly defined workday and workweek is important because it affects your overtime obligations to employees.

Best Practices

• Once you define a workday and workweek, stay consistent.
• Familiarize yourself with the "seventh-day" overtime rule.

Hours of Work Limitations

Various federal and state requirements impose limitations on work hours. HRCalifornia can help you determine which to follow when federal and state regulations conflict.

Rest Breaks and Meal Periods

You have certain legal requirements regarding employee meal and rest breaks in California.

Piece Rate Workers

California employers must pay piece rate workers for rest and recovery periods and other non-productive time at specified minimum hourly rates, separate from the piece rate compensation.

Paid Non-working Time Overview in California

There are times when you need to pay a nonexempt employee for time not spent working. If you pay a special rate for travel time, or other special circumstances, you must establish and communicate the rate to employees in advance of the event. The amount and duration depend on what the employee is doing during that time.

Travel Time Pay

Under certain circumstances, you may be required to pay your employees for their travel time.

Pay For Education and Training Time

If you require employees to attend lectures, work courses, employer-sponsored training programs, or employee meetings, you must count that time as hours worked for pay purposes.

Makeup Time Pay

Makeup time allows an employee to request time off for a personal obligation and make up the time without receiving overtime pay. Under certain conditions, you may allow makeup time, upon request from an employee, but you are not obligated to do so.

Compensatory Time Off

Private employers subject to the federal Fair Labor Standards Act (FLSA) are forbidden from offering compensatory time off (CTO) in lieu of paying overtime wages.

Time Keeping and Recording

You must maintain an accurate record of employees' hours of work and compensation. Failure to do so may force you to disprove what an employee claims to have been his/her actual work hours.

Time Keeping Exceptions for Specific Industries

Due to the operational needs of certain industries, the California Labor Code and Industrial Welfare Commission (IWC) Wage Orders allow for specific variations in how hours of work are recorded, how records are maintained, and how certain types of hours are treated for pay purposes.

Working Hours for Minors

California and federal labor laws place certain limitations on the number of hours minors may work, as well as the spread of those hours, depending on the worker's age, the industry and the season of the year. Extended working hours may be allowed under certain circumstances.

Related Resources

CalChamber members have access to several tools and services that help those who manage human resources to work through counting and recording work hours issues, including:

Meal and Rest Break Quiz » How much do you know about meal and rest breaks? Use this quiz to test your knowledge.

Meal and Rest Periods Policy » Use this policy to remind employees of legally required meal and rest breaks to ensure employees understand that your obligations to provide such breaks are met.

Meal Break Waiver » Use this form when you have a nonexempt worker who will work a shift of six hours or less and both you and the worker wish to waive the required 30-minute meal break.

Meal Break Waiver - Second Meal » Use this form when you have a nonexempt worker whose shift will be more than 10 hours but less than 12 hours, the worker has not waived his first meal break, and both you and the worker wish to waive the second required 30-minute meal break.

Alternative Workweek Calendar » You can use this calendar as an example of an alternative workweek schedule, noting the restrictions associated with alternative workweeks.

Makeup Time Checklist » If you are considering a makeup time policy for your employees, use this checklist before implementing the policy to make sure you are covering all the key issues.

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• Harassment in the Workplace

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Travel Time in California: A Must-Know Guide for Employers

Take control of California’s time, overtime, and break laws using Timeero.

Understanding travel time pay in California is essential for employers. It involves complex rules and regulations that affect how you compensate your employees, manage your operations, and protect your bottom line. Get it wrong, and you risk costly lawsuits and unhappy employees, not to mention inefficient practices that will eat into your profit.

So, let’s get it clear from the get-go: Is travel time paid in California?

A short answer is yes, but you should know that not all travel counts. 

To avoid the pitfalls of failing to comply with legal requirements, you should familiarize yourself with the ins and outs of travel time pay and mileage reimbursement in California.

Our guide is here to explain the concept of travel time pay, how it differs from regular pay, and what California state law stipulates. 

We’ll also provide some practical tips on calculating California travel time pay and mileage reimbursement accurately and fairly.

Overview of California Labor Laws Related to Travel Time

When enforcing travel time pay, the California Division of Labor Standards Enforcement (DLSE) pays a lot of attention to detail. 

The DLSE guidelines specify when you must compensate your employees for travel time, whether running a local errand or going on an out-of-state business trip. 

Remember that if you overlook these directives, you can risk your company financially and reputationally. Ignoring DLSE’s well-outlined norms can open you up to legal complications, including penalties that could negatively impact your bottom line. 

So, what are the rules you need to follow?

What Constitutes “Hours Worked” in California

In California employment law, “hours worked” is crucial in defining compensable time, including travel time. It includes:

• Time actively spent performing work-related tasks , such as sending emails, making phone calls, or visiting clients.
• The time when employees aren’t directly involved in work but remain under sufficient control of the employer , to the extent that the law considers it is working time. This usually means they’re not free to follow purely personal pursuits during that time.

Specific Rules Governing California Travel Time Pay

• Using employer’s vehicle. The time spent traveling is compensable if an employee has to use the company vehicle for work purposes.
• Carrying employer tools. If an employee transports tools or equipment for their employer, adding time and effort beyond the usual commute, that extra time must be paid.
• Alternate worksite reporting. If an employer requires an employee to travel to a different job site on a short-term basis, which involves more than a minor distance, this travel time must be compensated.
• Special circumstances. Activities like education and training time may also count as “working hours” under certain conditions.
• Special rates. If an employer decides to pay a special rate for travel time, they must establish and inform employees about this rate in advance.
• Advance notice and minimum wage. Employees must be informed of the travel rate in advance, and this rate cannot fall below the minimum wage.

When Does Travel Time Require Pay in California?

To better explain the issue, let’s discuss a couple of examples in which employees are entitled to travel time pay under California law: 

• If your employees are making trips during work hours for business-related tasks — for instance, shuttling between different office locations or running errands for supplies, those hours are generally compensable.
• You must reimburse the travel time when an employee travels out of town for a business event and returns the same workday. However, note that the usual commute time to the regular workplace and back to the employee’s home can be excluded from this calculation.
• If employees are required to stay overnight for business purposes, the rules become more complex. Generally speaking, the time spent traveling during regular working hours is compensable. However, the same doesn’t apply to the time at the destination unless it’s spent working. 
• If travel is a central part of the employee’s job (think sales representatives or delivery drivers), almost all the time spent traveling during work hours is compensable, including wait time at airports or other transit hubs.
• Mandatory attendance at training sessions or conferences also requires compensation for travel time. If the event is outside of regular work hours, but attendance is compulsory, you must also reimburse your employees for travel time.

For example, if Sarah, a sales rep, has to drive from her regular work location to a client’s office in the middle of the day, that time is compensable. If she’s flying out for a multi-day conference, the time spent in transit could be considered work hours, depending on various factors. The rules around this scenario might differ and involve considerations such as meals and lodging.

Differentiating Between the Everyday Commute and Compensable Travel Time 

Understanding the fine line between commute time and work-related travel is critical to avoiding legal complications.

Your employees’ normal commute to and from the regular worksite is generally off your tab. In other words, you’re not required to reimburse your employees for the time they spend commuting between their homes and their regular worksites.     

However, certain situations turn the usual commute into compensable work time.

• Employer-provided transportation. If an employee must come to a determined place and use the employer’s transportation to and from the worksite, that travel time is compensable under California law.
• Restrictions on personal transportation. If employees aren’t allowed to use their own transportation and must use the employer’s, then the time is also considered work time that must be compensated.

The Morillion v. Royal Packing Co. case is crucial for understanding the travel time pay in California. The court held that the employees who had to travel on the employer-provided buses were entitled to compensation for their travel time since they were subject to the employer’s control and could not use that time for their own purposes. This case has important implications for defining what constitutes compensable work hours under the law.

Travel Time Pay and Mileage Reimbursement in California

If an employee’s job description requires using their personal vehicle for work-related activities, according to the California Labor Code Section 2802 , employers have to reimburse them. This is not just for fuel expenses but also includes factors like vehicle wear and tear.

Moreover, the right to mileage reimbursement is non-waivable. So, what does this mean for you? 

Simply put, even if your employment contract states that employees waive their rights to mileage reimbursement, this provision is void in a court of law.

Although many employers rely on the IRS standard mileage rate for calculating reimbursements, it’s important to note that this is not a one-size-fits-all solution. 

If an employee can prove that their actual expenses have exceeded this rate, you must cover the difference.

The risks of not abiding by these rules are far from trivial. Failure to adequately reimburse employees can result in wage and hour lawsuits, a situation no employer wants to find themselves in. 

A reliable mileage tracking solution , such as Timeero, can help you accurately track and adequately reimburse your employees for business mileage.

Legal Must-Dos and Best Practices for California Employers

To that end, let’s explore legal must-dos and best practices that can serve as your guiding compass.

Advanced time and mileage tracking

To stay compliant with California labor laws , consider using one of the best employee GPS time and mileage tracking software designed with precision in mind. Such a tool won’t only automate what could be an error-prone manual process but also provide airtight records should any legal problems arise. Trust us, robust software is a worthwhile investment.

Up-to-date policies

Your employee handbook isn’t just a document; it’s your legal shield. Make sure it’s always updated with the latest company travel policy and mileage reimbursement policy . 

This will keep your team informed and serve as your first line of defense in case of disputes or inquiries.

Regular audits

You shouldn’t wait to find yourself in legal trouble to examine your processes. Regular audits can serve as a preventative measure, offering a clear insight into any discrepancies that could snowball into serious legal issues. Think of it as your business health check-up.

Expert consultation

Regulatory changes sometimes happen without much notice. When in doubt, don’t hesitate to consult legal experts who specialize in California labor law . Remember, preemptive legal advice is often much more affordable than dealing with potential litigation or lawsuits.

How Can Timeero Help Employers Stay Compliant With California Travel Time?

Compliance with California’s travel time regulations is easier than you think, thanks to Timeero. 

Our comprehensive software offers a range of features designed to keep you in line with 

California state laws effortlessly.

Time Tracking

The crucial concept in California travel time pay is the concept of “hours worked.” Any compliance with the law must start there.

Timeero offers precise time-tracking functionalities that comply with California laws, capturing details of your employees’ work hours to ensure fair compensation.

All your employees need to do is download a mobile app on their phones and clock in when their workday begins. The app will keep track of all their work-related activities and automatically create time cards with the clock in and out time and the total number of hours worked. 

As the app tracks time during working hours only, the hours worked will also include employee travel time. 

Timeero software comes with an option to set a different hourly rate for the jobs you create, giving you flexibility around the travel time rate.

Mileage Tracking

But Timeero’s usability for compensating your workers’ travel expenses doesn’t end there. 

When employees use their own vehicles for work-related tasks, accurate mileage tracking is essential for reimbursement, in line with California Labor Code Section 2802. Timeero facilitates this with its powerful tracking features.

When it recognizes driving, the Timeero mobile app automatically starts tracking employees’ mileage and routes, capturing precise data for accurate reimbursement.

You can also use the app to replay employees’ routes and compare their actual routes with the shortest routes to their destinations.

Segmented Tracking

To provide a clearer view of how employee time is spent during work hours, Timeero offers segmented tracking capabilities. This visual timeline and data gathered can be especially useful in the context of California’s nuanced labor laws around travel time.

Segmented tracking will give you a quick overview of your employee’s travel time vs. time spent on site. If there are any potential issues when it comes to excessive travel time or mileage, you will be able to spot them right away.

California Overtime Settings

Timeero includes settings specifically designed for tracking California-specific overtime and double-time hours , helping you maintain compliance with state labor laws.

You can choose the California Overtime Rules feature in the company settings, set the overtime rate, and have the exact payroll data ready when the next paycheck is due.

California Breaks

During their working hours, non-exempt employees in California are mandated to use their breaks. Not providing them with breaks leads to premium pay and potential legal and financial penalties.

Timeero includes a California Breaks Tracker feature that helps you ensure compliance with California meal and rest break laws , further reducing the risk of labor law violations.

With this feature, your California workers must complete the Daily Sign-off form before clocking out from their shifts. This way, they will verify whether they’ve used their breaks in a way that is compliant with California breaks law. Timeero will also automatically alert you if there is a compliance issue.

Disclaimer: California laws are complex, so this article serves informational purposes only. Consult your legal team for personalized advice.

FAQ: Travel Time in California

Is it a law in california that you must be paid for travel time.

Yes, it’s a legal requirement. Failure to comply with the California Labor Code and DLSE guidelines on travel time pay can result in legal actions, including penalties and back pay.

How Many Hours Per Day Is Travel Time in California?

There’s no hard and fast rule for a “per day” cap on travel time. However, what counts as compensable hours varies based on travel, whether a special one-day assignment or an overnight trip. An accurate time-tracking tool is your best friend here.

How Much is Travel Pay in California?

In California, the rate for travel time pay is typically calculated at the employee’s regular rate of pay. But, in some cases, both sides may agree to a different rate for travel time before the travel takes place. The rate must be at least the minimum wage.

With Timeero, mastering California’s time, overtime, and break laws is a breeze.

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Travel Pay Laws in California: What Employees Need to Know

Sometimes our employers require us to travel for work-related purposes. But what aspects of employee travel are California employers required to pay for? Travel pay in California can be a confusing area of law, but the following overview can help you navigate the ins and outs of travel pay laws in the California workplace.

Understanding Travel Pay Laws in California

As a general rule, California employees are paid for all of their time spent working, and this includes time that an employee spends traveling for work. If an employee is eligible for overtime compensation, and the employee’s travel time puts him or her over the standard forty-hour work week, then the employee should be paid overtime compensation accordingly. Yet all employees know that their commute to and from work is generally not considered time they spend working. So at what point does the time an employee spends behind the wheel, on a subway or train, or in a taxi for work become compensable travel time?

• Compensable travel time must be considered hours worked.  If your employer controls you during the time you spend traveling, or you are permitted to work during travel time, then you should be compensated as these hours are considered hours worked.
• If travel is made on an employer-selected route.  If you travel along an employer-selected route, then you are under your employer’s control and should be compensated for the travel time.
• If travel is for the purpose of delivering work-related items.  If you are required to use your vehicle to deliver work-related items – such as tools to a worksite, or food to hungry customers at their homes – then the time traveled is considered hours worked and you should be paid for the travel time.
• Time spent getting to job functions may be compensable.  If you spend time getting to a meeting or conference that is work-related, it is likely compensable travel time. Similarly, time spent getting to an alternative worksite from your home, or to an airport or train station for work-related travel is usually compensable travel time.
• Reimbursement for work-related vehicle use.  Additionally, you should be reimbursed for wear and tear and mileage associated with work-related travel, under California Labor Code Section 2802.

Compensated travel time is important to employees who must travel for work. California employees must be notified of the travel rate in advance, and the travel rate cannot be less than minimum wage. Sometimes travel time is compensated at a different rate than normal hours worked, but employees who are eligible for compensated travel time should be paid accordingly under California law.

In conclusion, California employees who travel for work are often entitled to travel pay. If you believe that you should have received travel pay, but were not compensated by your employer, please consult with an experienced  California employment lawyer  regarding the matter. Get a free consultation today.

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• Employment Law: When California Employers Must Pay for Travel
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Table of Contents

Travel Time Pay Rules in California (2022):

Are you an hourly worker? Did you know that California law requires that hourly workers be paid for hours worked, which may include pay for travel? Pay for travel consists of time where an employee is not necessarily required to perform work but is still under an employer’s control. It is important to note that commuting to and from work is generally not time that an employer must compensate. Have you ever found yourself working off the clock? Contact your California employment lawyer for a confidential consultation.

For example, time spent as a passenger in a transportation-related entity is considered to be under the employer’s control if required by the employer.  Examples of such include, attending an event or meeting. On top of that, there are instances where travel-related cases such as waiting in traffic, purchasing a ticket, or getting on board, count as under the employer’s control.  However, there are cases where travel doesn’t count under the employer’s control.  These instances include; meals, relaxation breaks, and personal business.

In addition,  California law permits employers to pay different rates for travel time. Although the rate must not be less than minimum wage , it can be under what their normal pay rate is. It is important to note that, in order to qualify for a reduced travel time payment, the employer must have notified you of a different pay rate for travel time  before   you travel.

Contact California Our Labour Law Attorney at Leichter Law Firm, APC For Free Consultation

If you believe that your employer has committed violations of the wage and hour laws, you don’t have to file an EEOC claim as you would in a typical discrimination case. Instead, you can hire a private attorney and file a suit as soon as you discover the violation. If other people at your company have also been denied overtime , meals, or breaks, you may be able to file a special type of FLSA class action lawsuit.

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California Travel Pay Policy

Generally, the time employees spend commuting to and from work is not considered work time and is excluded from this policy. However, [Company Name] considers time spent traveling for work-related purposes during the workday as work time, and thus pays nonexempt employees travel pay, as described in this policy, for such time.

Nonexempt employees who are required to travel for work-related purposes are eligible for travel pay under this policy.

Nonexempt employees who are required to travel for work-related purposes during the workday will be paid for such travel time at [their regular base rates of pay/the applicable minimum wage].

Employees are expected to record work-related travel time on their [timesheets/time records] pursuant to the company’s [Time-Keeping] Policy. [If applying a different wage rate to travel pay: when recording travel time, employees must denote the travel time separately from regular work time.]

Travel pay will apply in the following circumstances:

• Off-premises work location from work. Once an employee reports to work, if he or she is required to travel to an off-premises worksite, all time spent from the time the employee leaves the work premises until the employee returns to his or her normal work location is counted as work time.
• Off-premises work location from home. If an employee is required to travel to and from an off-premises worksite directly from his or her home, all time spent for such travel, less the employee’s normal commute time, is counted as work time.
• Extended travel. If an employee is required to travel out of town for work-related purposes, the time spent traveling to and from the out-of-town location, including all time spent as a passenger on an airplane, train, bus, taxicab or car, is considered work time; however, any time the employee spends engaged in personal activities (such as meal time, sleeping, sightseeing or watching television) will not count as work time.

As detailed in the company’s [Expense Reimbursement] Policy, employees will be reimbursed for all reasonable travel-related costs incurred.

Employees with questions regarding travel pay should contact [human resources/other job title].

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Home >> #realtalk Blog >> Manage a team >> Travel Time Pay for …

Travel Time Pay for Hourly Employees (2024 Update)

By Homebase Team

When it comes to travel time pay for hourly employees, things can get confusing for both employers and employees. If you run a 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.

Exempt employees don’t have to worry about this issue as much because they get a fixed amount of money in every paycheck, regardless of their travel time. However, for non-exempt employees, there are rules set by the government that say employers must pay them for the time they spend traveling.

In this post, we’ll go over everything you need to know about paying your hourly employees for travel time so your business can stay compliant.

What is Travel Time Pay?

Travel time pay refers to the money that employers are required to give their employees for the time they spend traveling to and from customer locations. It doesn’t include the regular travel from home to work.

In some emergency situations or when the employer asks the employee to do work-related tasks outside of their normal hours, the time spent commuting from home may be considered as paid time.

Travel Time Pay vs Break or Meal Time 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 and should be paid.

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?

It’s important to understand that 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 employees called exempt employees who are not entitled to payment for work-related travel. 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.

When Do You Have to Pay Hourly Employees for Travel Time?

Here are three common situations regarding paid work travel, but please note that these examples may not cover all possible scenarios.

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

Let’s say Rebecca is a personal assistant who drives her client, Steve, around town to run errands. If this travel is part of her job duties and occurs during her work hours, Sandra must be paid for that time.

Special One-day Assignment to Another City

If employees have 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 Sheila works in your office and you send her to a conference. She travels from her home to the conference location and returns on the same day. The roundtrip takes her two and a half hours, while her regular daily commute is only 30 minutes.

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

Overnight Travel

If a non-exempt employee travels away from home and stays overnight, 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, you are not required to pay them for travel time that falls outside their regular work hours, unless they are working during that travel time (e.g., answering work emails or doing research on a work trip).

It’s important to note that these are general guidelines, and specific rules may vary depending on the location and applicable laws. You should familiarize themselves with the regulations in their jurisdiction to ensure compliance with travel time payment requirements.

How to Calculate Work Travel Time

One of the big challenges for business owners is figuring out how to calculate travel time pay accurately. It’s important to make sure that employees’ paychecks are fair and calculated correctly.

While you usually don’t have to pay for the time employees spend commuting between their homes and the workplace, other instances of work-related travel need to be accounted for. This includes adding the travel time to employees timesheets and paying them according to the law and company policies.

How Homebase Can Help Calculate Work Travel Time

Homebase is a time tracking tool that can make tracking travel time and managing employee hours much easier. It automatically tracks employees’ hours and locations while they’re on the move.

This means you can keep track of how much time your employees spend traveling for work. Homebase’s GPS time tracking feature lets you record drive time to different job locations.

GPS Time Tracking with Homebase

To make things even simpler, you can set up GPS Geofencing with Homebase. This allows for automatic tracking of when employees start and stop working based on their physical job location. With this feature, you’ll not only know how long it took employees to get to work sites but also precisely when they arrived and left.

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 to plan employee routes and schedules to optimize travel time.

Travel Time Pay Rate Law by State

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, travel 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 for 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, paid travel time is defined similarly to federal regulations. It includes travel during regular working hours, travel between job locations, and home-to-work and back travel in emergency cases.

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 them to understand the specific regulations about travel time pay in their area. Likewise, employees should be aware of their rights regarding travel time pay to ensure they receive fair compensation for the time they spend traveling for work.

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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.

Travel time pay refers to the compensation that employees receive for the time spent traveling for work-related purposes. It encompasses the hours spent traveling to and from job sites, client locations, meetings, or other work-related destinations.

While travel time pay regulations can vary by jurisdiction, it typically applies to situations where employees are required to travel beyond their regular commute. The purpose of travel time pay is to ensure that employees are fairly compensated for the time and effort spent on work-related travel.

It’s important for employers to understand the specific laws and regulations in their jurisdiction to ensure compliance with travel time pay requirements.

How Do You Pay Travel Time for Hourly Employees?

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 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 qualifies 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.

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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Employee Travel Reimbursement Law in California

Under California labor laws, you are entitled to reimbursement for travel expenses or losses that are directly related to your job. If your employer tries to shortchange you or fails to reimburse you for work-related travel expenses, you may be able to recover compensation by filing a claim or lawsuit.

Below, our California labor and employment attorneys discuss the following frequently asked questions about lawsuits for unpaid travel expense reimbursement:

1. What travel expenses does my employer have to reimburse in California?

2. what if i combine personal travel with work-related travel, 3. does my employer have to reimburse me for mileage in my own car, 4. can i file a lawsuit to get unpaid travel expenses reimbursed in california, 5. can my boss fire me for filing a claim for travel expenses.

Also see our article on vacation pay .

Under California labor laws, you are entitled to travel expenses or losses that are directly related to your job.

If you have further questions after reading this article, we invite you to contact us at Shouse Law Group.

Under the California Labor Code, an employer is required to work expense reimbursement reimburse an employee for all necessary expenditures or losses incurred that are directly related to the job. This includes expenses as a “direct consequence of the discharge of his or her duties, or of his or her obedience to the directions of the employer.” 1

Travel Expenses

Travel expenses for employees depend on the

• type of job,
• amount of travel,
• amount of time away from home, and
• employer’s travel expense policy.

California labor laws require employers to reimburse employees for all losses and expenditures that are a direct consequence of an employee’s work duties. 2

Many workers are confused over employer reimbursement because there is are conflicting policies. California labor law provides a blanket explanation for reimbursable expenses. However, an employer’s policy may provide a different description of what is available for reimbursement.

In addition, there are Internal Revenue Service (IRS) regulations on what types of business expenses are deductible and what might be considered income. However, the IRS regulations on travel expenses generally relate to tax liability and not related to what California employers are required to reimburse. 3

Common Travel Expenses

Travel expenses subject to reimbursement generally include any work-related expenses incurred when the employee is away from the office. Common travel expenses may include:

• Travel time
• Mileage expense
• Hotels and motels
• Parking fees
• Taxi or cab fees
• Bus/Metro/Subway fares
• Business center expenses (copy, fax, printing)
• Phone and internet access charges
• Conference registration fees
• Currency conversion fees for foreign travel
• Postage for sending work materials

Employers may put specific limits on travel expenses, such as limiting air travel to economy class or requiring a maximum reimbursement subject to the lowest cost airfare. Employers may also require employees to book travel arrangements through a preferred travel agent or designated department.

Employers may also place maximum limits on certain travel, including maximum hotel rates and maximum meal reimbursements. However, they cannot require an employee to pay out-of-pocket for any costs above those limits if they are expenses paid in the performance of the employee’s duties. An employer may not violate California labor laws simply because they have a more restrictive company policy. 4

Example : Barney has to travel from Los Angeles to San Francisco for a series of company meetings. Barney will stay in San Francisco for 3 nights before returning to Los Angeles. Barney’s company has a per diem rate of $120 per night for hotels. Barney cannot find any hotel or motel within 30 miles of the meeting location for under $120 per night. The cheapest hotel Barney found is in Oakland for $150 per night. Barney tells his boss the hotel is more expensive than the per diem rate and Barney’s boss says Barney has to be at that meeting but he will not be compensated for more than the per diem rate. Barney submits his travel expenses for $450 for three nights at the hotel. Barney would likely be eligible for full reimbursement of his hotel expenses because they were incurred in carrying out his job duties and at the direction of his employer. The employer’s per diem would not override the company’s legal obligations to reimburse the employee for reasonable work expenses.

However, just because an employee spends money during a work trip does not mean the expense is work-related. Personal entertainment, such as going out a movie or taking a friend out to dinner, is generally not work-related.

Example : Barney’s per diem rate for meals is $60 per day for San Francisco. Barney submits his expense report for $350 for meals over three days because he took an old friend out to dinner at an exclusive sushi restaurant, which cost $250. Barney’s employer may limit Barney to the maximum $180 per diem reimbursement for meals because taking a friend out to an expensive dinner is not a reasonable work-related expense.

Company Credit Card

Company credit cards are usually billed directly to the employer.

Many employers provide certain employees with a credit card to use for work-related expenses. In general, these cards are billed to the company and the employee does not incur any expenses or losses when using the card. However, the employee is still entitled to reimbursement for reasonable cash expenses and any travel expenses incurred on a personal credit card.

Combining work-related travel with personal travel will depend on the employee’s expense policy, federal tax law, and California labor law. In general, when an employee combines personal and work-related travel they are only required to be compensated for the travel expenses directly related to performing work duties.

Example : Martin works at an office in San Bernardino and has to go to a two-day trade show in Philadelphia. Martin is a military history buff and wants to add a trip to Gettysburg. Martin extends his 3-day and night hotel rental by one night and his car rental by one day to accommodate his side-trip.

In general, Martin should be reimbursed for his round-trip airfare, 3 nights hotel, 3 days worth of meals, 3 days of a car rental, gas used during those three days. However, Martin may have to pay out of pocket for his extra day’s meals, hotel, gas, and car rental because his side trip to Gettysburg was not work-related.

If your employer requires you to drive as part of your job, your employer must reimburse you for work-related driving costs. This may include running occasional errands for your employer, or a traveling salesman who spends many hours every week driving around.

Commuting time and expenses of driving from your home to and from work are generally not included. However, if your employer asks you to run an errand on your way to work, that would be considered a work-related expense that should be reimbursed.

In most cases, an employer will reimburse an employee based on the IRS guidelines for standard mileage. In 2023, the standard mileage reimbursement for business-related driving is 62.5 cents per mile driven. This number is based on an annual study of the fixed and variable costs of operating a vehicle. 5

The IRS standard reimbursement rate includes the cost of regular maintenance and repairs (such as oil changes and tire replacement).

However, an employer may also reimburse an employee for the employee’s actual driving expenses. This method is usually more burdensome on the employee and the employer. Driving costs would generally include gas, repairs, insurance, depreciation, registration, and regular maintenance. The employee and employer would then have to determine what amount of costs were incurred for business use. 6

Example : Daryl drives his 1991 Toyota Celica 30 miles each way to and from work every workday. One day a week, Daryl uses his personal car to drive 10 miles each way to pick up company reports from the printer, reimbursed at the standard mileage rate. Daryl’s boss asks him to pick up coffee for everyone on the way into work. However, during this coffee run, Daryl’s trusty car finally breaks down and he has to buy a new car. Daryl’s employer has to reimburse Daryl for his 20-mile weekly printer pick up trip as a work-related drive. Daryl’s employer may also have to reimburse Daryl for the morning coffee drive as it was directed by his employer. However, Daryl’s employer is generally not liable to pay for Daryl’s car repairs or a new car. The costs of regular maintenance are rolled into the standard mileage reimbursement rate.

If an employer fails to reimburse an employee for reasonable work-related travel expenses, the employee may be able to file a lawsuit for compensation. An employee may be able to seek reimbursement of necessary expenditures, as required by California labor law.

Damages for unpaid work losses or expenses also include interest at the same rate as judgments in civil actions. 7

In addition to recovering travel expenses, an employee may be able to seek “necessary expenditures or losses” related to claiming those expenses. In a court action, these necessary expenditures may include attorney’s fees and court costs. 8

When an employer violates the California Labor Code, the California Labor Commissioner’s Office may also issue a citation against an employer. The commissioner may issue a citation with financial penalties against an employer for violating California’s travel reimbursement obligations. Any amount recovered by the commissioner will be paid to the employee. 9

In many cases, an employer may be in violation of California labor laws against multiple employees. A company’s unlawful travel expense policy may leave many employees under-compensated. Successful travel reimbursement class action lawsuits often involve unpaid reimbursement for travel expenses or losses.

It is illegal for an employer to retaliate against an employee for exercising their rights under California labor laws. 10

An employer shall not take retaliatory action, including termination, against an employee for citing wage and hour violations or filing an unpaid expense lawsuit. Firing an employee for filing a labor violation claim may be considered “wrongful termination” .

If an employer retaliates against an employee for bringing a labor violation lawsuit, the employee may be able to seek damages for lost wages, including interest and reasonable attorney’s fees. The employee may also be able to seek reinstatement to their job or other equitable relief.

Call us for help…

For questions about California reimbursement regulations and labor laws or to discuss your case confidentially with one of our skilled California labor and employment attorneys, do not hesitate to contact us at Shouse Law Group.

We have local employment law offices in and around Los Angeles, San Diego, Orange County, Riverside, San Bernardino, Ventura, San Jose, Oakland, the San Francisco Bay area, and several nearby cities.

Work in Nevada? See our article on Nevada travel expense reimbursements .

Legal References:

• Labor Code 2802  — Obligations of Employer (“(a) An employer shall indemnify his or her employee for all necessary expenditures or losses incurred by the employee in direct consequence of the discharge of his or her duties, or of his or her obedience to the directions of the employer, even though unlawful, unless the employee, at the time of obeying the directions, believed them to be unlawful.”)
• See IRS Tax Topic 514 – Employee Business Expenses.
• Labor Code 2804 LC — Obligations of Employer (“Any contract or agreement, express or implied, made by any employee to waive the benefits of this article or any part thereof, is null and void, and this article shall not deprive any employee or his personal representative of any right or remedy to which he is entitled under the laws of this State.”)
• See IRS – Standard Mileage Rates. See also Travel Reimbursements , California Department of Human Services.
• Gattuso v. Harte Hanks Shoppers, Inc. 42 Cal.4th 554 (2007) , (“The parties agree that one method an employer may use for automobile expense reimbursement is to calculate the automobile expenses that the employee actually and necessarily incurred and then to separately pay the employee that amount. This actual expense method is the most accurate, but it is also the most burdensome for both the employer and the employee. The actual expenses of using an employee’s personal automobile for business purposes include fuel, maintenance, repairs, insurance, registration, and depreciation.”)
• Labor Code 2802 LC, see endnote 1 above. (“(b) All awards made by a court or by the Division of Labor Standards Enforcement for reimbursement of necessary expenditures under this section shall carry interest at the same rate as judgments in civil actions. Interest shall accrue from the date on which the employee incurred the necessary expenditure or loss.”)
• Labor Code 2802 LC, see endnote 1 above. (“(c) For purposes of this section, the term “necessary expenditures or losses” shall include all reasonable costs, including, but not limited to, attorney’s fees incurred by the employee enforcing the rights granted by this section.”)
• Labor Code 2802 LC, see endnote 1 above. (“(d) In addition to recovery of penalties under this section in a court action or proceedings pursuant to Section 98, the commissioner may issue a citation against an employer or other person acting on behalf of the employer who violates reimbursement obligations for an amount determined to be due to an employee under this section. The procedures for issuing, contesting, and enforcing judgments for citations or civil penalties issued by the commissioner shall be the same as those set forth in Section 1197.1. Amounts recovered pursuant to this section shall be paid to the affected employee.”
• Labor Code 98.6 LC — Discharge or discrimination, retaliation, or adverse action against employee or applicant for conduct delineated in this chapter or because employee or applicant has filed complaint or claim, instituted or caused to be instituted any proceeding under or relating to his or her rights or testified relating to the same on behalf of that person or another.

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Official website of the State of California

Labor Commissioner's Office

Reporting time pay.

Reporting time pay constitutes wages.  ( Murphy v. Kenneth Cole Productions, Inc. (2007) 40 Cal. 4th 1094).  Thus, failure to pay all reporting time pay due at the time of employment termination may be the basis for waiting time penalties pursuant to Labor Code § 203.  The IWC’s purpose in adopting reporting time pay requirements was two-fold:  “to compensate employees” and “encourag[e] proper notice and scheduling”.  Id. at pp. 1111-1112.   In Ward v. Tilly’s, Inc . (2019) 31 Cal.App.5th 1167, the court held physical reporting was not required in order to come within the reporting time pay provision.  Types of situations that trigger reporting time pay include:

1.         Physically appearing at the workplace at the shift’s start; 2.         Presenting themselves for work by logging on to a computer remotely; 3.         Appearing at a client’s job site; 4.         Setting out on a trucking route; 5.         Or as in Tilly’s, by telephoning the store two hours prior to the start of a shift.

Id. at . p 1185.

Exceptions to the requirement for reporting time pay found in IWC Orders 1-16, Section 5(C) are as follows:

• When operations cannot begin or continue due to threats to employees or property, or when civil authorities recommend that work not begin or continue; or
• When public utilities fail to supply electricity, water, or gas, or there is a failure in the public utilities, or sewer system; or
• When the interruption of work is caused by an Act of God or other cause not within the employer's control, for example, an earthquake.

The reporting time pay provisions do not apply to employees on paid standby status or when an employee has a regularly scheduled shift of less than two hours, such as a relief cashier who works only during a one-hour period in the middle of the day.

If the decision is to hold a conference, the parties will be notified by mail of the date, time and place of the conference. The purpose of the conference is to determine the validity of the claim, and to see if the claim can be resolved without a hearing. If the claim is not resolved at the conference, the next step usually is to refer the matter to a hearing.

At the hearing the parties and witnesses testify under oath, and the proceeding is recorded. After the hearing, an Order, Decision, or Award (ODA) of the Labor Commissioner will be served on the parties.

Either party may appeal the ODA to a civil court of competent jurisdiction. The court will set the matter for trial, with each party having the opportunity to present evidence and witnesses. The evidence and testimony presented at the Labor Commissioner's hearing will not be the basis for the court's decision. In the case of an appeal by the employer, DLSE may represent an employee who is financially unable to afford counsel in the court proceeding.

December 2016

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• 6 Things You Need to Know About Travel Time Pay in California

Your employer told you to drive to a store in Los Angeles to buy some donuts during normal work hours. Are you going to get paid for that trip, and why? Today, we brought our Los Angeles employment law attorney Jeffrey Rager to spell out what is travel time pay, when you are eligible to receive it, how it is calculated, and whether travel time always equals business time.

Travel time vs commuting time: what is the difference?

But before we delve into the topic, let’s make sure that you understand the difference between commuting time and travel time. The former refers to an employee’s personal time spent to commute back and forth from work to home, while travel time is time spent traveling by an employee for work-related activities.

Under California employment laws, travel time should be paid, and can be either local trips or travel away from home.

Are you eligible for travel time pay?

You are eligible to receive pay for local travel time only if you are a non-exempt employee (meaning: you are employed on an hourly basis). Exempt employees, who are paid based on their performance and expertise, are not entitled to travel time pay.

For non-exempt employees, travel time – as well as education and training time – are classified as “working hours,” which means their employers are legally required to pay them for it.

For example, let’s get back to the situation we have mentioned in the very beginning. If you are asked by your employer or supervisor to drive to a store to pick up some items during normal work hours, you should be paid for your travel time.

Time spent traveling away from home

An employer in Los Angeles and elsewhere in California is required to compensate his employees for any time spent traveling away from home. Let’s say, for example, that your employer directs you to attend a two-day event in New York City. Since you will have to spend time traveling from Los Angeles to New York City, your employer should pay travel time.

Our Los Angeles wrongful termination lawyer at Rager & Yoon – Employment Lawyers explains that California employers are typically required to compensate their employee for spending any time that is under the employer’s control.

How to calculate travel time pay?

Calculating travel time pay for salaried employees, who get paid bi-weekly or monthly, is not a problem, since they get paid regardless of the number of hours worked.

Hourly employees, meanwhile, should be paid on an hourly basis, which means travel time may not be as easy to calculate. It is highly advised to speak to an employment law attorney to find out whether or not travel time pay was calculated properly in your particular situation.

Is one-day or overnight stay paid?

If you have not been for a one-day or overnight stay, seek immediately legal advice of a lawyer. While hourly employees in Los Angeles and elsewhere in California are generally required to receive travel time pay in these situations, there are certain exceptions. That is why you should speak to an attorney to learn more.

Should your employer compensate for travel expenses?

Definitely. Travel time itself is not the only thing that an employer pays for. Travel expenses should be compensated by your employer, as employees can generally deduct unreimbursed travel expenses. In case you are traveling for both work-related activities and personal travel, you will have to keep separate checks for business-related expenses.

Calculating travel time pay and understanding employment laws is not the easiest task. That is why you are highly advised to get a free consultation from an experienced Los Angeles employment law attorney to determine whether or not your travel time pay is fair, or how to take legal action against an employer who does not pay for travel expenses.

Contact Rager & Yoon – Employment Lawyers for a free case evaluation. Call our Los Angeles offices at 310-527-6994 or fill out this contact form today.

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Navigating california's travel time laws, june 7, 2016 ron stormoen.

We are frequently contacted by employers with questions regarding various employment issues.  The following are some questions we have received regarding travel time, together with some responses. Realize that many employment issues are fact specific.  The following questions and answers are not intended to be comprehensive but to give the reader some ways to think about the issues and some citations for further research.  We strongly recommend that you consult with legal counsel about your specific situation. 

Q. When do I have to pay my employees' travel time?

A. Whether an employer needs to pay an employee for travel time depends on several factors. Commuting (i.e., traveling from home to the usual work site, which is often a company’s headquarters or a particular client) is not considered paid travel time. Most other travel time during a work day may be considered work time, including travel to a different client or work site on a temporary basis or travel between clients or work sites. Generally, travel time longer than the employee’s normal commute to and from her regular work site is considered compensable. Employees who experience a change in work site location must be compensated for any actual (driving) travel time in excess of the time normally required to report to their regular work site.

The California Department of Labor Standards Enforcement (“DLSE”) explains how to measure travel time compensation for employees with alternative work sites: “The travel time is measured by the difference between the time it normally takes the employee to travel from her home to the assigned work place and the time it takes the employee to travel from home to the distant work site. This could calculate to no commute time if, for instance, the travel time is less from the employee’s home to the distant work site than the normal commute travel time by the employee.” ( Cadell, Dept. of Industrial Relations (April 2003) Opinion Letter No.2003.04.22, Travel Time Pay for Employee with Alternative Work sites at p. 2 .)

This statement from the DLSE is predicated on the court’s decision in Morillion v. Royal Packing (2000) 22 Cal. 4th 575 . In this case, the court held that it was necessary to “distinguish between travel that the employer specifically compels and controls…and an ordinary commute that employees take on their own.” ( Id. at p. 587.) The court concluded that farm workers who were required to meet at a designated departure point at a certain time to ride the employer’s buses to work were under the control of the employer and entitled to be compensated for that time. The court also noted that “this conclusion should not be considered as holding that all travel time to and from work, rather than compulsory travel time as defined above is compensable. Therefore, while the time plaintiffs spent traveling on Royal’s buses to and from the fields is compensable as ‘hours worked’ under subdivision 2(G), the time plaintiffs spent commuting from home to the departure points and back again is not.” ( Id. at pp. 587-588.) The time employees spent commuting from home to the employer bus departure points and back was not compensable because it was normal commute travel time.

The conclusion in Morillion was that “compulsory travel time is compensable as ‘hours worked.’ ( Id. at p. 575.) That said, “the level of the employer’s control over its employees, rather than the mere fact the employer requires the employees’ activity, is determinative.” ( Id. at p. 587.) The Morillion court noted that the employees “were foreclosed from numerous activities in which they might otherwise engage if they were permitted to travel to the [work site] by their own transportation… [The employer] determin[ed] when, where and how [its employees] must travel.” ( Id. at pp. 586-587.) 

Therefore, for example, if an employer required an employee to leave one job site and travel directly to a different job site, this would be considered compensable as hours worked. It is compulsory travel time, thus subjecting the employee to the employer’s control.

Q. What if my employee has a break between two shifts at different locations? What do I pay?

A. During a work day, if the employee is relieved from duty long enough to engage in purely personal pursuits (i.e., on her own time, not under the control of the employer or not “on call” or not available for work), only the time necessary to make the trip between clients must be paid.

For example, assume an employee provides services for two different clients, and the drive between them is 30 minutes. She typically provides services for Client A from 9 am to 11 am. Her drive from home to Client A is not compensable. She then has time off and is to report to Client B at 4 pm. Assuming the employee is not “on call” during this five hour “gap time” but truly has her own free time, certainly not all the five hours of time are “hours worked.” However, the 30 minutes to travel between Client A and Client B are “hours worked.” In other words, those 30 minutes should be paid.

Q. How long does a break between shifts have to be so I don’t have to pay for travel time and the break?

There does not seem to be a “bright line” test on the amount of time long enough “to engage in purely personal pursuits” or not be under the “control” of the employer (another phrase used is whether the time off is not “unduly restrictive” to the employee pursuing her own interests). The issues to consider, as mentioned, are whether the employee is free from employer control (then no compensation) and the distance to the second client (employer only to pay the time necessary for the actual drive time between clients).

In Mendiola v. CPS Security Solutions, Inc., et al. (2015) 60 Cal. 4th 833 , the court identified various factors in regards to determining an employer’s control during “on call” time. These factors were: “(1) whether there was an on-premises living requirement; (2) whether there were excessive geographical restrictions on employee’s movements; (3) whether the frequency of calls was unduly restrictive; (4) whether a fixed time limit for response was unduly restrictive; (5) whether the on-call employee could easily trade on-call responsibilities; (6) whether use of a pager could ease restrictions; and (7) whether the employee had actually engaged in personal activities during call-in time… Courts have also taken into account whether the ‘[o]n-call waiting time…is spent primarily for the benefit of the employer and its business.” ( Id. at p. 841.) If an employee between shifts is subject to the control of the employer, the hours must be compensated in addition to the travel time discussed above.

However, additional issues are raised by the "break between shifts" scenario, as this work schedule may constitute a “split shift.” The Department of Industrial Relation’s Wage Orders define a split shift as “a work schedule, which is interrupted by non-paid, non-working periods established by the employer, other than bona fide rest or meal periods.” (e.g. Wage Order 15 Section 2(N) ; other Wage Orders have similar provisions.) Accordingly, “[w]hen an employee works a split shift, one (1) hour’s pay at the minimum wage shall be paid in addition to the minimum wage for that workday….” ( Wage Order 15 Section 4(C) .) 

The DLSE has taken the position that any break in excess of one hour between shifts should be treated as a split shift ( Cadell, Dept. of Industrial Relations (December 2002) Opinion Letter No.2002.12.11, Hours worked – Split Shift at pp. 1-2 .) However, split shift premiums (i.e., the additional one hour) are owed only in situations where an employee’s total compensation for all hours worked is less than minimum wage for all hours worked plus one additional hour of minimum wage (i.e., the split shift premium). This generally only occurs when an employee is paid at or near minimum wage.

In Aleman v. Airtouch Cellular (2012) 209 Cal. App. 4th 556 , the court addressed split shifts and Wage Order 4. The court relied on a Rutter Group’s Practice Guides as well as a federal district court case to establish that the intention of this Wage Order Section is for the protection of minimum wages: 

“No published California case has previously addressed this direct issue. However, although obviously not binding, a well-respected treatise (Chin et al., Cal. Practice Guide: Employment Litigation (The Rutter Group 2011)) has embraced the same interpretation of Wage Order 4, subdivison 4(C). The Rutter guide explains the provision as follows: ‘[A]n employee earning the minimum wage who works eight hours on a split shift is entitled to receive nine times the minimum hourly wage.’ (Citation) ‘This provision also applies to employees paid more than the minimum wage. However, such employees are only entitled to the difference between what they actually earned and what they would have earned had they been paid the minimum wage for their entire shift plus an extra hour.’ (Citation).” ( Id. at pp. 575-576.) 

The court in Aleman concluded that no shift pay was owed because the employee’s pay when he or she worked split shifts was greater than the minimum wage for all hours worked plus one additional hour. 

The “split shift” rule raises a couple more issues. First, as a general rule, employees are entitled to a one hour premium when their shift “gap” is more than one hour and their total compensation for all hours worked is less than minimum wage for all hours worked plus the premium hour. However, whether it applies to your employees depends on their rate of pay. The formula is set forth above for you to determine. Second, the additional split shift hour should not be counted towards overtime hours. The DLSE explained in section 46.7.3 of its June 2002 Manual that split shift premium pays, although paid to employees in hourly increments as required under Wage Orders, do not constitute “hours worked” for purposes of calculating whether overtime is owed.

In summary, there is no explicit requirement or statute that specifies a length of time between shifts which alleviates the obligation of an employer to pay for this break time. Practically speaking, the split shift “one hour” distinction made by the DLSE seems like a good place (time) to draw the line. If the time off is more than an hour, then only actual driving time between clients might be paid (plus the premium, if applicable). If the time off is less than an hour, then the issue seems to be whether there is really “time off” between clients (or whether that “time off” “is unduly restrictive” and not truly the “employee’s time off); if not, then the entire time and driving time might be compensable “hours worked.” Remember, the standard is whether the gap time (whatever the amount of time) gives the employee complete freedom to do as he or she pleases or whether that employee is really working or under the control of the employer, which could also occur because the time is so restricted that, in effect (or constructively), the employee will be deemed working.

Q. Can I pay my employees less than their regular hourly rate for travel time?

Yes; however,  as discussed above, when travel time constitutes hours worked, an employer must always pay at least minimum wage to its employees for all hours worked (see generally Wage Orders’ Section 4 and also 29 USC § 206 .)

(Note: California differs from federal law in complying with minimum wage requirements. Under federal law, an employer is compliant with its minimum wage obligation if the total compensation for a workweek, when divided by the total number of hours worked in the workweek equaled an hourly wage equal at or above minimum wage. However, this averaging permitted by federal law violates California law. California law requires the payment of minimum wage for each hour or fractional hour worked regardless of how well paid the employees were for their other hours. As a California employer, you may not average wages over any period to determine whether an employee has been paid minimum wage. See Armenta v. Osmose, Inc. (2005) 135 Cal. App. 4th 314, Gonzales v. Downtown LA Motors (2013) 215 Cal. App. 4th 36, Blueford v. Safeway, Inc. (2013) 216 Cal. App. 4th 864, and Labor Code § 226.2.)

Realize that this practice of paying your employees less than their regular hourly rate (but still minimum wage) for travel time will have a few other implications. 

• This could trigger a split shift premium depending on the total compensation your employee receives during that particular pay period. See above.  
• This could alter the employee’s pay stubs. California employers are required to accurately itemize all applicable hourly rates in effect during a pay period and the corresponding number of hours worked at each hourly rate by the employee on their employees’ pay stubs. See Labor Code § 226.  
• This could affect the calculation for the employee’s regular hourly rate and regular overtime rate. (See Huntington Memorial Hospital v. Superior Court (2005) 131 Cal. App. 4th 893.)

Q. Whose responsibility is it to keep track of travel time? 

A. Ultimately, the buck stops with the employer to keep track of not just travel time but all hours worked for all employees, excluding exempt employees. Labor Code § 226 and Labor Code § 1198.5 require that every employer maintain and preserve payroll or other records containing a number of items, including all hours worked by their employees (see also 29 CFR 516.2(a) .) If the travel time in question is compensable, as discussed above, it is the employer’s responsibility to keep track of those hours.

Q. Can I use Google Maps to calculate employee travel time?

A. Employers may use online mapping services to calculate employee travel time, especially in cases where an employee fails to provide a record of the time actually traveled, but the employer is always obligated to compensate employees for actual time and miles traveled as opposed to the ideal/optimal time and miles traveled. Remember, California and federal law requires that employers track how many hours their employees work. If there were a dispute between an employer and an employee with regards to hours worked and travel time, where the employer uses an online mapping service to calculate the ideal travel time and the employee uses a record of his or her actual miles driven, the courts would probably side with the employee.  (See below.)

Q. If I pay travel time to my employees, do I also have to pay for each mile they drive during their hours worked?

A. If the employee is driving a personal vehicle, yes. California Labor Code Section 2802(a) requires reimbursement for work-related use of a personal vehicle. Labor Code Section 2802 states that “[a]n employer shall indemnify his or her employee for all necessary expenditures or losses incurred by the employee in direct consequence of the discharge of his or her duties, or of his or her obedience to the directions of the employer, even though unlawful, unless the employee, at the time of obeying the directions, believed them to be unlawful.” Subdivision (c) of Section 2802 defines “necessary expenditures or losses” to include “all reasonable costs.”

When an employee is required to use his or her personal vehicle for work-related activities, the employer must reimburse the employee for expenses related to the use of the vehicle. (As mentioned, this does not include use of a personal vehicle to commute between home and work.)

A common practice to reimburse employees is the mileage reimbursement method. This method requires employees to keep track of mileage for work-related vehicle use. The employer then multiplies the number of miles by the current Internal Revenue Service (IRS) mileage reimbursement rate to calculate the amount owed to the employee. This rate takes into account factors such as depreciation, maintenance and repairs, and actual fuel costs. In Gattuso v. Harte-Hanks Shoppers, Inc. (2007) 42 Cal. 4th 554 , the California Supreme Court outlined three possible methods for paying for automobile expenses, with mileage reimbursement being one (the other two are the lump sum method—an sum agreed to between employer and employee believed to fairly cover use of the employee’s vehicle—and the actual expenses method—actual automobile expenses incurred by the use of the vehicle for business). In Gattuso , the court stated:

“[A]n employer may also use the mileage reimbursement method.

When an employer uses the mileage reimbursement method to determine the amount of reimbursement due under section 2802 for work-required use of an employee’s own automobile, the employee need only keep a record of the number of miles driven to perform job duties. The employee submits that information to the employer, who then multiplies the work-required miles driven by a predetermined amount that approximates the per-mile cost of owning and operating an automobile. [T]he federal Internal Revenue Service (IRS) has calculated an automobile mileage rate for federal income tax purposes, based on national average expenses for fuel, maintenance, repair, depreciation, and insurance, and this IRS mileage rate is also widely used and accepted by private business employers for calculating reimbursable employee automobile expenses…. 

Because a mileage rate used in the mileage reimbursement method is merely an approximation of actual expenses, the mileage reimbursement method is inherently less accurate than the actual expense method. Because section 2802 requires the employer to fully reimburse the employee for all expenses actually and necessarily incurred, both parties here agree that if an employer uses the mileage reimbursement method, the employee must be permitted to challenge the resulting reimbursement payment.” ( Id. at p. 569.)

An important point to note from this case is this: “If the employee can show that the reimbursement amount that the employer has paid is less than the actual expenses that the employee has necessarily incurred for work-required automobile use (as calculated using the actual expense method), the employer must make up the difference.” ( Gatusso v. Harte-Hanks Shoppers, Inc., supra, 42 Cal. 4th at p. 569.) In cases where an employee can demonstrate the actual expenses incurred for work-required personal automobile use is less than the amount compensated by the employer, the employer must pay the difference. This is similar to the concept discussed above, where an employer using an online mapping service for calculating travel time would likely have to compensate his or her employee for the actual travel time as recorded by the employee if there were a discrepancy between the two figures.

Travel time is a complicated issue that has many different conclusions depending on the circumstances surrounding it. If one of your questions was not answered above, or if you need clarification on one of these points, please do not hesitate to contact us . 

This entry does not give specific legal advice about your specific legal problem. No text or graphic contained in this entry is to be or should be used or relied upon as legal advice. This entry does not create an attorney-client relationship. If you want specific legal advice about your particular legal issues, or if you want to create an attorney-client relationship, you need to retain the Law Office of Ron A. Stormoen by a signed written retainer agreement.

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When Do Employers Have to Pay Employees for Travel Time?

Deanna deBara

For some small businesses, traveling to meet clients, make sales, and manage day-to-day activities is a must. For others, traveling is valuable for attending conferences, participating in networking events, or undergoing specialized training.

But if it's your employees doing the traveling, do you need to pay them for that time? Whatever your preferences are as a small business owner, the  legal  answer is: that depends.

Let's explore when you need to provide travel time pay for hourly employees, which employees are entitled to that pay, and, if they are entitled, how much you'll need to pay them. 

Who Is Entitled to Travel Pay?

All  non-exempt employees  are entitled to travel pay during normal work hours and when they are actively working outside of those hours. They aren't entitled to travel pay for doing their typical commute, according to the  Fair Labor Standards Act  (FLSA).

Non-exempt employees are typically paid an  hourly wage  and are paid less than $684 per week or $35,568 per year. 

These rules don't apply to exempt employees, and therefore it's up to you whether you want to pay them to travel.

What's more—your state may have some extra rules, so make sure to check your state's Department of Labor or Wage and Hour Division website.

When Do You Have to Provide Travel Time Pay for Hourly Employees?

But when, exactly, are these employees paid to travel? Compensable work time needs to be paid when employees travel:

• Locally: You need to pay employees when they travel locally as part of their regular duties (for example, from your office to a supply store). And if that travel happens outside of the employee's regular workday hours (even if they're only waiting to travel, like sitting at a bus stop or train station)? You still need to pay.
• Between worksites: Employees get travel pay when traveling between worksites. For example, a courier who transports materials between different job sites must be paid for the time spent traveling. Similarly, plumbers who travel between customers' homes are eligible for travel pay.
• For special one-day assignments: You must provide travel pay for hourly employees who travel out of town, even if they return home at the end of the workday—though you can deduct the employee's normal commute time from the total payment. For example, let's say an employee spends a total of two hours traveling to and from a work conference (which takes place during normal working hours). Because her typical daily commute takes 30 minutes, you would only need to pay for 1.5 hours of traveling (in addition to regular hourly wages).
• Overnight: Employees traveling overnight are due travel pay during their regular working hours and any time they spend working outside of those regular hours (for example, participating in late-night conference calls while on a train). You also need to pay employees for traveling during their regular working hours, even on non-working days, like weekends, holidays, or their normal days off.

Bonus tip : The best way to track travel time for your employees? Time tracking software like  Hourly . Workers clock in right from their phones, and the platform automatically tracks their location, hours and what project they're working on—which you can see in real-time. Another perk? You can run payroll with the click of a button.

How Much Do You Have to Pay Employees for Travel Time?

Employees traveling for work need to be paid at least the minimum wage, but they can be paid more or less than their normal pay rate.  

If you want to pay a different rate than an employee's hourly wage, you'll need to:

• Tell the employee they will be paid a different rate before they begin their trip.
• Make sure the hourly rate for travel pay doesn't cause the employee's total pay for all workable hours to  fall below minimum wage  (state, local or federal—whichever is highest) or result in incorrect overtime pay.
• Ensure that you're not violating their employment contract.

This gives you the flexibility to offer a higher rate of pay as an incentive for traveling outside of regular business hours—or, if you decide to pay less than their typical rate (but still minimum wage or above!), it can help make sure that paying for travel won't interrupt your cash flow or cause other financial concerns for your company.

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When Do You NOT Have to Provide Travel Time Pay for Hourly Employees?

Exempt employees—like outside salespeople, executives, managers, administrators, and even IT personnel—aren't entitled to travel pay. And non-exempt workers? They're  not eligible for travel pay  when they are:

• Commuting: An employee's commute—the time spent driving from their home to work (and from work to home)—doesn't qualify as travel time. This also includes the time spent driving from accommodations/lodging (like a hotel) to a work location, like a client's office or conference center.
• On break or during personal time : Non-exempt employees aren't entitled to travel pay during breaks (including meal periods and time spent sleeping) or when they can spend their time how they see fit. In other words, you don't need to pay for traveling during the time an employee can go shopping, sightseeing, or out to eat.
• Away from work and not working : Employees on overnight travel or business trips don't need to be paid outside of regular working hours  unless  they're working during that time period. For example, an employee who regularly works 9 a.m. to 5 p.m. Monday through Friday only needs to be paid for traveling on a Saturday if they travel during their normal working hours (i.e., 9 a.m. to 5 p.m.)—unless they're working  outside  of those hours too (like answering customer support emails or counting inventory).
• A passenger: You don't need to pay for travel when an employee is a passenger (in any sort of vehicle) and isn't doing work outside of regular work hours. The only exceptions occur when you  require  an employee to drive the vehicle or be actively engaged in working (like riding to a job site while handling customer calls or riding as a passenger in a client's vehicle).
• Choosing to drive themselves : If you offer to pay for an employee's travel method (like airfare, a bus ticket, or a train ticket) and the employee requests to drive instead, the employee is only entitled to travel pay while driving during their regular work hours. In other words, if an employee requests to drive themselves vs. taking public transit, you don't need to pay for travel outside of the employee's regular shift.

In other words, a non-exempt employee  isn't entitled to travel pay  unless they are driving, traveling during their normal working hours, or actively working while traveling.

Does Travel Time Count Towards Overtime?

Yes, travel time counts toward overtime, and you'd owe them 1.5 times their regular rate for any hours worked over 40 while they're traveling.

What if your pay rate for traveling is different from an employee's regular wages? Then it gets a little more complicated. 

In that case, you need to use the weighted average of the two overtime rates to get their final pay. Here's an example: 

Let's imagine one of your employees is pulling a 40-hour week at the office. Their rate? $15 per hour. So that gives them $600 for their regular workweek (that's 40 hours multiplied by $15 per hour). Now, during that same week, they also spent 8 hours traveling as overtime, for which you're paying them $11.25 per hour. This gives them an extra $90 (which is 8 hours multiplied by $11.25 per hour).

Add these together, and their total straight-time pay for the week is $690.

Now, to figure out their average rate for the week (including travel time and regular office time), you need to divide this total pay by their total hours worked. In this case, it's 48 hours in total (40 regular hours plus 8 overtime hours). So, $690 divided by 48 hours gives you a weighted average rate of $14.375 per hour.

But they've already been paid for all 48 hours at their respective rates, right? For the 8 hours of overtime, what you owe them is an extra half of that weighted average rate. That's what we call the "overtime premium." Half of $14.375 is about $7.19. So, the overtime pay would be 8 hours (overtime) times $7.19, which comes out to $57.52.

To get their final paycheck, you add this overtime pay to their straight-time pay. So, $690 (straight-time pay) plus $57.52 (overtime pay) equals $747.52. As a business owner, using the weighted average method to calculate the overtime rate, you'd be paying out $747.52 for this employee's week of work, including their overtime.

Additionally, if you pay for travel time that isn't  required  to be paid (like commuting), you  can't count them as hours worked  for overtime purposes.

Travel Time Pay Best Practices

Handling travel pay can be complex and difficult at first. But it doesn't have to be! Use these best practices to simplify paying your employees for working on the go.

Create a Travel Policy

If your small business sends employees to different locations, you need to establish a written travel policy—and include it in your employee handbook. 

Your travel policy should outline which situations result in compensable travel time (like attending conferences or visiting different job sites), as well as any exclusions where employees won't be compensated (like an employee's regular commute or traveling as a passenger on non-working days).

If you pay a different hourly rate for time spent traveling, make sure to include it in your policy. Then, have employees sign the policy to acknowledge they understand it and agree to its terms—and then add the signed document to their employee file.

Track Hours Traveled

As a small business owner, you need to track employee travel time to follow  labor laws  and make sure their paychecks are accurate. 

Though you can ask employees to record and document the time they spend traveling—which can help you make sure your records are accurate—the responsibility for doing so is ultimately on you.

Pay for or Reimburse Travel Expenses

The U.S. Department of Labor (DOL) doesn't require you to pay for your employee's travel expenses.

Still, if you're sending your employees out of town, you  should  pay for the cost of travel—like tickets and lodging. 

If you don't, your employees are almost guaranteed to get frustrated that they have to pay for expenses out of pocket—and that frustration could lead to issues with employee engagement and retention.

When writing your travel policy, outline which travel expenses your company covers. If you expect employees to front some or all of the travel expenses, detail your procedure for requesting reimbursement and how to track expenses (like mileage or airfare).

You might also want to provide some form of  per diem  or stipend that helps employees pay for small travel expenses, like food. 

This can either be an allowance per meal period (like $15 for breakfast, $20 for lunch, and $40 for dinner) or a specific amount that the employee can use throughout the trip (like $50 per day or $150 for the weekend). Have your employees save and submit their receipts to avoid taxation. You can also consider a company card to lessen the burden on your team's bank account.

Check With Your State's Laws

In addition to federal law, some state laws apply additional regulations to travel time. This means rules can vary based on the state you operate in. For example,  compensable work time  in California includes riding as a passenger in a vehicle when traveling for work.

But which set of employment laws should you follow? You should apply the set of rules that provide the highest payment to your employees. So, if your state regulations specify that certain activities qualify as compensable—even if the FLSA does not—you need to pay for time spent traveling.

(For guidance about your state's specific laws and guidelines, contact your  state's Department of Labor  and local  Wage and Hour Division .)

FAQs About Travel Time Pay for Hourly Employees

Do remote/hybrid workers qualify for travel pay.

A  remote or hybrid worker  qualifies for travel pay when you require them to travel to your place of business or another venue (like a conference hall, training facility, or client location) and they:

• Live far away from the regular worksite (requiring an overnight stay or significant travel time)
• Are only expected to work on-site by request or on a day they're not normally required to be on-site

However, remote/hybrid workers  aren't  entitled to travel pay when:

• Your policy specifies that both an employee's home/remote office and your office are considered primary work locations
• They are expected to work on-location on certain days
• The time spent traveling to the office is considered an employee's commute (even if they are a remote or hybrid worker)

Do employees who drive/travel as part of their job qualify for travel pay?

The  FLSA requires  you to pay employees their regular hourly wages when they are driving or traveling as part of their job responsibilities. For example, bus or delivery drivers should be paid their regular wages while on the job.

Compensating Your Employees for Traveling Doesn't Need to Be Difficult

Traveling for business can take a toll—both on the road and off. Paying travel time for hourly employees can incentivize them to hit the road when necessary and make up for the time they spend away from their families and lives. 

Once you've determined which employees qualify for travel time pay, implement a clear travel policy (that adheres to state and federal law) and use management tools (like  Hourly !) to maintain accurate records and compensate your employees for time spent traveling.

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5 basic rules for understanding travel pay in california.

Updated: May 19, 2015

Understanding Travel Pay in California: When is Travel Time Compensable?

5 basic rules of travel pay.

• “Commuting time from an employee’s regular place of work each day is not work time, so employers do not have to pay employees for this time.” Kwong explained.
• “If an employee spend time traveling to a location for a special assignment, or spends substantial travel time for an emergency outside your normal work hours, that time that’s spent traveling during regular work hours is considered part of their principal job duties.” Travel in these circumstances or outside of normal work hours is compensable work time.
• If an employee reports to a central location to pick up equipment before proceeding to his or her assigned worksite, the time spent traveling to the central location is not work time. The time spent traveling to the assigned worksite is work time.
• Overnight travel or travel away from home is always work time under California law. Under federal law, it is work time only when it cuts across the employee’s normal workday and/or requires the employee to work on weekends or days when he or she would not otherwise be required to work.
• Regular meal periods and time spent sleeping or in other leisure activities while traveling is not work time, and the employer does not have to pay the employee for this time.

19 thoughts on “5 Basic Rules for Understanding Travel Pay in California”

I did a job that was 100 miles away each way. 200 miles return a day. I provided transportation to my 3 employees in my truck so they could commute together( using carpool) and paid for the fuel for the entire week with them taking turns driving. This truck did not transport any equipment or tools needed and was only used for transportation for employees. We started work from 8 am to 3pm most days for another contractor. Am i required to pay them additional travel time and if so how much am i supposed to pay. This was a prevailing wage job from 8am to 4pm.

Best regards,

Shane pipeline contractor.

I have an employer which sends me to other cities in ca and only pays travel one way and unless an actual 8 hours on the job the travel time is at a lower rate and certainly no travel time to get back home, that is my personal time spending up to three hours of travel back from the job and do not get paid for. Don’t know if this employer is twisting things to meet his needs but the three hours in paid travel just doesn’t seem morally right

I recently ran in to an issue with an employer.

For this temp company, we are to report at 7:30am at a staging area where a bus will take us to the work site.

My understanding is well get paid at 9am till 4pm. Then have to wait for the company bus to transport us back to the staging area where we can then get our personal vehicles and leave.

My understanding is that if your required to report somewhere at a required time, then you are on the clock.

Am I correct or am I wrong? The 1 hour travel time in the company bus each way should be paid or un paid?

Hello, I am currently living in the Inland Empire. I work as a vacation sales relief rep for a food distributor out of Ontario, CA. I travel all over Southern CA for my employment. Holding this position is drive time pay acceptable or is there a rule of thumb as to how many miles driven before clicking in is allowed statewide?

Thanks, Kristopher

Question I work for a company in AZ they get job sites in CA. The employer wants to pay our commute 75 miles after we have been on the road. Is this the law or Is the employer trying to save money?

My employer has me driving anywhere from 95 miles to 130 miles one way to work on different sites my shortest commute has been an hour and a half one way to two and a half hours one way am I entitled by law to any compensation

Can an employer in california make you clock out so you can go get materials for the employer? She makes us clock out and use our own vehicle for parts or material runs

My employer has employees arrive at our home office in Chula Vista, often times gathering supplies for the work which will be done daily at Camp Pendleton in Oceanside, CA. The employees leave the home office in vans and travel to that job. This has gone on for a decade. When the job is 50 miles away my employer pays travel pay. My employer states that it is only 48 miles to the gate at Camp Pendleton. Well the job site is not at the gate, the work is being done 5 miles further inside the gate at the Navy’s LCAC site. Should these employees receive travel pay? I feel these employees are all being taken advantage of.

I’m being sent to work for a week an hour away. Does that hour of travel get counted as an hour of work? according to my supervisor its not, but my hour back is. It makes no sense.

I went to the PIHRA conference and my employer will reimburse me for mileage. Is the mileage calculated from my home to the conference or from my workplace to the conference?

I’m leaving for Malaysia in a week. my employers HR says that travel time does not equal out 1 to 1. 1 hour traveld to one hour worked. I am an hourley employee. and i will be traveling 42 hours 19.30 to get there and 23.20 on the return flight. do i get compensated for that time 1 to 1

I hope somebody can explain this to me this is the law in California I get assigned to show up at a different locations every day and end the day at a different location job sites every day. My company policy Significant Additional Commuting Time ( Travel Time )

For functions or activities requiring commuting time of more than 30 minutes, work time should be started after 30 minutes.

• As an example, if an employee leaving home first thing in the morning proceeds directly to a designated location on the other side of the city which will require a one hour drive, the first 30 minutes is non-paid commute time and the second 30 minutes is paid time. • In this example, if the same employee leaves the job site one hour from his home, the first 30 minutes is paid travel time. The last 30 minutes to their home is considered non-paid commute time. • If the commute time is not in excess of 30 minutes, no additional time should be added to work hours.

• Although not required by most state or local laws, “Significant Additional Commuting Time” will be recorded as “working time.” It will therefore be counted towards daily or weekly thresholds requiring overtime pay (i.e., the hours are counted towards an employee’s 40 hours of working time in a week or 8 hours of working time in a day).

I had traveled to China and Israel for the last few months, and each time I travel for work I am told I can only claim 6 hours a day for International travel. Is this company keeping within State and Federal laws.

I am working as a contractor. My primary work location is MY OWN HOME. However, my firm sent to me to work on-site at a client’s offices for three weeks, which is an 85-mile drive in EACH direction in L.A. traffic. Needless to say, a daily commute was not possible, so I ended up booking an inexpensive motel room for each night of my three-week stay. I am also spending a small fortune in meals (away from home) and mileage for my car. I asked my firm to cover my travel expenses, but they declined, saying they were not obligated to do so (I live in California). So, I had to cover all of my own costs, which left VERY LITTLE in net pay for this project. In all my years of doing this, I have never known any company to refuse to pay an employee’s work-related travel expenses. What are my options here? Is my company required to cover my travel costs? Help!

I have an employer that on any given day I could work 10-12 hours including travel time but the travel time is not being applied to daily OT, so end of week I could work 50 hours and have no overtime. Is this correct

Hi Durrell, did you ever get an answer to this? If so, would you please share it with me as I have the same question.

I work as a merchandiser. I get paid once I arrive at the first store. One windy day I was traveling from one store to another and my car was hit by a big piece of wood (wind caught it from a truck) I asked my company about paying for the damages since I was on company time. Or at least pay my deductible. They have been avoiding my emails. Any help on this?

I have an hourly employee getting ready to take a business trip in the company vehicle to another location for one week. Does his hourly rate change?

Can an employer require you to stay at a coworkers home during a business trip instead of paying for a hotel room?

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Travel time pay.

Q&A:   Under the FLSA, when must nonexempt employees be paid for travel time? https://www.shrm.org/resourcesandtools/tools-and-samples/hr-qa/pages/cms_014392.aspx  Employment Law:   DOL Says Not All Employee Travel During the Workday Is Compensable - Jan 2021 https://www.shrm.org/resourcesandtools/legal-and-compliance/employment-law/pages/not-all-employee-travel-time-is-compensable-.aspx  State/Local Update:   Driving Company Vehicle Didn't Make Commuting Time Compensable - May 2018 https://www.shrm.org/resourcesandtools/legal-and-compliance/state-and-local-updates/pages/driving-company-vehicle-did-not-make-commuting-time-compensable.aspx  ​​​​​​​ Sample Policy :  Travel Policy Nonexempt Employees: https://www.shrm.org/resourcesandtools/tools-and-samples/policies/pages/travel-policy-nonexempt-employees.aspx 

Q&A:   In California, what rules apply when determining what constitutes hours worked? (See Travel Time) https://www.shrm.org/resourcesandtools/tools-and-samples/hr-qa/pages/californiahoursofwork.aspx ​​​​​​​ Sample Policy :  California Travel Pay   https://www.shrm.org/resourcesandtools/tools-and-samples/policies/pages/california-travel-pay-policy.aspx  ​​​​​​​ ​​​​​​​

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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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On Tuesday, April 23, 2024, the U.S. Department of Labor (“DOL”) published the final version of a rule originally proposed in September 2023, raising the salary threshold for the Fair Labor Standards Act’s (“FLSA”) exemption for executive, administrative, professional, and computer employees and the total annual compensation level for the highly compensated employee exemption. The final rule also provides for periodic, automatic increases going forward. So, what should employers know about the final rule, and how can they stay compliant with this shifting landscape?

The FLSA requires that most employees in the U.S. be paid at least the federal minimum wage for all hours worked and overtime pay at not less than one-and-one-half times their regular rate for all hours worked over 40 hours in a workweek.

However, Section 13(a)(1) of the FLSA provides an exemption from the FLSA’s minimum wage and overtime requirements for “any employee employed in a bona fide executive, administrative, or professional capacity … as such terms are defined and delimited from time to time by regulations of the Secretary [of Labor].” This exemption is commonly referred to as the “white-collar” or executive, administrative, or professional (“EAP”) exemption. For this exemption to apply, DOL regulations require that each of the following three tests must be met:

• the employee must be paid a predetermined, fixed salary (the salary basis test);
• the amount of the fixed salary paid must meet a minimum salary level (the salary level test); and
• the employee’s primary job duties must involve executive, administrative, or professional duties as defined by the regulations (the duties test).

Under existing regulations, the minimum salary level is $684 per week. Employers are permitted to use nondiscretionary bonuses and incentive payments (including commissions) to satisfy up to 10% of the minimum salary level under the EAP exemption. If the sum of the employee’s salary, nondiscretionary bonuses, and incentive payments at the end of the year is less than the minimum salary level, the employer can make a final “catch-up” payment within one pay period after the end of the year to bring the employee’s compensation up to the required level. Any catch-up payment will count only toward the employee’s prior year salary amount and not toward the salary amount in the year in which it is paid.

The FLSA’s regulations also contain a special rule for “highly compensated” employees that combines a much higher annual compensation requirement with a minimal duties test. Under the existing regulations, an employee was deemed as exempt under the highly compensated employee (“HCE”) exemption under Section 13(a)(1) if:

• the employee earns a total annual compensation of $107,432 or more, which includes at least $684 per week paid on a salary or fee basis;
• the employee’s primary duty includes performing office or non-manual work; and
• the employee “customarily and regularly” performs at least one of the exempt duties or responsibilities of an exempt executive, administrative, or professional employee.

The New Final Rule

In furtherance of what the DOL perceives as its “broad authority under the Act” to define and delimit the terms of these exemptions, the new rule will increase the minimum salary level to $844 per week (or $43,888 annually) effective July 1, 2024, which will again increase to $1,128 (or $58,656 annually) effective January 1, 2025. According to the DOL, the January 1, 2025, salary level corresponds to the 35 th  percentile of the weekly earnings of full-time salaried workers in the lowest-wage U.S. Census region, which is currently the southern U.S.

The new rule will also raise the minimum annual salary threshold for the HCE exemption to $132,964 per year starting July 1, 2024, which will also increase automatically on January 1, 2025, to $151,164 per year—which amount, according to the DOL, is equivalent to the annualized weekly earnings of the 85 th  percentile of full-time salaried workers nationally. The employee must receive, on either a salary or fee basis, no less than the minimum salary level then in effect as part of their total annual compensation.

The new rule also provides for automatic updates to the minimum salary level and the HCE total annual compensation threshold every three years based upon the then-current earnings data.

Legal Challenges

If past is prologue, there will invariably be challenges to the DOL’s new rule.

Readers may recall that, on May 23, 2016, the Obama-era DOL published a rule more than doubling the minimum salary level for exempt employees from $455 per week ($23,660 annually) to $913 per week ($47,476 annually). The State of Nevada and twenty other states, along with the Plano Chamber of Commerce and more than fifty-five other business groups, filed lawsuits to have the rule declared unlawful, arguing the DOL exceeded its authority in passing that rule. The cases were consolidated and decided by a federal court in Texas, which held the DOL exceeded its rulemaking authority. The 2016 final rule was, therefore, held to be unlawful and never took effect.

Then, in 2019, the Trump-era DOL issued its own new rule to raise the minimum salary level more moderately from $455 per week to the current rate of $684. In the  Mayfield v. U.S. Dept. of Labor  case filed in a Texas federal court in August 2022, the plaintiff sued to have that rule declared unlawful on the grounds the DOL lacked authority under the FLSA to implement salary thresholds for the white-collar exemptions. The district court sided with the DOL, citing the U.S. Supreme Court’s 1984 ruling in  Chevron, U.S.A., Inc. v. Nat. Res. Def. Council, Inc . that courts should defer to an agency’s reasonable interpretation of an ambiguous statute.

The  Mayfield  ruling is currently on appeal before the Fifth Circuit Court of Appeals. In briefing filed on April 18, 2024, the parties agreed the new 2024 rule would not moot the case because it is a challenge to the DOL’s statutory authority to issue any salary-level rule.

Regardless of the ruling on appeal in  Mayfield , the losing party is very likely to further appeal the case to the U.S. Supreme Court, which recently heard oral argument in a different set of cases challenging the  Chevron  deference standard.

Like the Obama- and Trump-era rules, the new Biden-era rule is likely to face direct legal challenges, and as a result, it remains unclear as of the date of this posting whether the new final rule will actually take effect on July 1, 2024. 

Despite the pending (and likely future) legal challenges to the DOL’s authority to enact a salary level requirement, the new final rule will take effect July 1, 2024, unless a court stays its implementation or determines it is unlawful. In the meantime, there are several steps employers should take so that they are prepared to comply with the new salary level requirements in the event the new rule is not invalidated or, at least, stayed pending the outcome of litigation.

First, carefully review each exempt employee’s duties to ensure that they do, in fact, perform “bona fide executive, administrative, or professional” duties, as those terms are defined by the DOL regulations.

Second, for those employees who perform such duties, ensure they are paid on a salary basis, meaning their pay is not subject to reduction due to variations in the quality or quantity of their work.

Third, ensure the exempt employees earn (i) a salary equal to the then-prevailing minimum salary level and (ii) for the HCE exemption, total annualized compensation of at least $132,964 per as of July 1, 2024, and at least $151,164 per year as of January 1, 2025. If an employee is paid less than those amounts but his or her primary duties meet the other requirements for the EAP or HCE exemption, employers will need to decide whether to increase that employee’s salary to meet the new salary level or whether, instead, to reclassify the employee as non-exempt, which would require the employer to pay the individual overtime pay for all time worked beyond 40 hours in a single workweek.

The above analyses and decisions will necessarily take time, particularly for large employers with hundreds of exempt employees. As a result, the sooner employers begin to evaluate how they will comply with the new rule, the better. But to be clear, employers should not rush to implement changes too far in advance of the current July 1, 2024 effective date because, if the rule is ultimately invalidated or stayed, it may be difficult for employers to walk back any changes made in the interim, as many employers learned when the Obama-era salary level rule was enjoined.

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New Biden rule would make 4 million white-collar workers eligible for overtime pay

The Biden administration on Tuesday announced a new rule that would make millions of white-collar workers newly eligible for overtime pay .

Starting July 1, the rule would increase the threshold at which executive, administrative and professional employees are exempt from overtime pay to $43,888 from the current $35,568. That change would make an additional 1 million workers eligible to receive time-and-a-half wages for each hour they put in beyond a 40-hour week.

On January 1, the threshold would rise further to $58,656, covering another 3 million workers.

“This rule will restore the promise to workers that if you work more than 40 hours in a week, you should be paid for that time,” Acting Labor Secretary Julie Su said in a statement. “So often, lower-paid salaried workers are doing the same job as their hourly counterparts but are spending more time away from their families for no additional pay. This is unacceptable.”

Column: Biden's overtime pay proposal is the last thing our economy needs. Employers must speak up.

The new standard fulfills one of President Biden’s signature objectives of raising the wages of low- and middle-class Americans and it comes within months of his face-off with former President Donald Trump in the November election. For years, Biden and Democrats in Congress have proposed raising the federal minimum wage from $7.25 an hour but have been blocked by Republican lawmakers.

The new initiative also follows a pandemic that led to widespread burnout among millions of U.S. workers and a desire by many to strike a better work-life balance . The health crisis triggered severe labor shortages that gave employees the leverage to seek more flexible hours and higher pay.

Last summer, the Labor Department proposed lifting the salary threshold for exempt employees to about $55,000 but updated the benchmark in the final rule after receiving more than 33,000 public comments.

While hourly workers are generally entitled to overtime pay, salaried workers are not if they earn above a certain pay level and supervise other workers, use professional expertise or judgment or hire and fire workers, among other duties.

The new standard could be legally challenged by industry groups that have argued that excessively raising the standard exceeds Labor’s authority and adds heavy regulatory and financial burdens or compliance costs.

“This rule is another costly hoop for small business owners to jump through," Beth Milito, executive director the the National Federation of Independent Business's small business legal center. "Small businesses will need to spend valuable time evaluating their workforce to properly adjust salaries or reclassify employees in accordance with this complicated mandate.”

Some companies could lift workers' base pay to the new threshold to avoid paying overtime or convert salaried workers to hourly employees who need to punch a clock. Others could instruct salaried employees to work no more than 40 hours a week, bringing on part-time workers to pick up the slack. Still others may reduce employees' base pay to offset the overtime, effectively sidestepping the new requirement.

In 2016, the Obama administration proposed doubling the overtime salary threshold to $47,476 from $23,660 but a federal judge in Texas struck down the increase as excessive. In 2020, the Trump administration set the current standard of $35,568.

The initial bump in the salary threshold to $43,888 that takes effect July 1 is based on a Trump administration formula that sets it at the 20 th percentile of the full-time weekly earnings of salaried employees in the lowest-wage region, which is currently the South. The increase to $58, 656 on January 1 adopts a new formula that sets the threshold at the 35 th percentile of those weekly earnings.

In a statement, the Labor Department said it's confident the new standard can better withstand a legal challenge because it's notably lower than than the 40th percentile benchmark set by the Obama administration.

"This is a meaningful methodology change that addresses potential concerns that the salary level test should not play an outsized role in relation to the duties test," Labor said.

The Labor Department also said it raised the threshold for “highly compensated” employees who only need to perform one of the duties of executive, administrative or professional workers to be exempt from overtime. That benchmark will rise from $107,452 to $151,164 by January.

Starting July 1, 2027, the rule requires Labor to adjust the salary threshold every three years to account for updated wage data.

Workers at 34 Southern California hotels will see their pay rise in new labor contracts

W orkers at 34 Southern California hotels hailed new labor contracts Monday that will boost wages by $10 an hour over four years, ending months of protests and rallies for thousands of employees.

The cooks, room attendants, dishwashers and others represented by Unite Here Local 11 were part of a massive labor strike that has seen more than 10,000 workers at 53 hotels stage walkouts, protests and picket lines since the labor action began on July 1, 2023.

Finalized contracts include the Anaheim Hilton, Courtyard Los Angeles L.A. Live, Sheraton Gateway Los Angeles Hotel and Irvine Marriott, among others.

Also see:   See the list of 34 Southern California hotels voting on contracts this week

Labor disputes are ongoing at dozens of other hotels — including the Hotel Figueroa, Hotel Maya, Doubletree Downtown Los Angeles and the LA Grand.

“There are still 25 to 30 contracts that have to be finished,” Unite Here co-President President Kurt Petersen said. “Many of them are very close. If any employer has a doubt, they need to know they are already defeated. It is time to sign!”

Pete Hillan, a spokesperson for California Hotel & Lodging Association, welcomed the finalized labor agreements.

Also see :  Four more hotels reach tentative labor agreements with Unite Here

“The ratification votes are a long time coming,” Hillan said in a statement. “We’re glad that hotel employees who have been waiting months now can enjoy the benefits of new contracts, including increased compensation, and continue the great work they do for our guests and our communities.”

Significant pay increases

Under new four-year contracts, many room attendants, cooks and other non-tipped workers at most of the hotels will get a $5 hourly pay increase in the first year, or an additional $850 monthly or $10,400 a year.

More on unions:   Starbucks baristas in Seal Beach win union election

They’ll see a $10-an-hour pay bump, or an increase of up to 50%, over the course of the labor agreements, which expire Jan. 15, 2028, the union said.

Most room attendants will earn $35 an hour, or $73,000 a year, by July 1, 2027, Unite Here said, while top cooks will make $41 an hour, or $85,000 a year. When benefits are added in, a hotel will pay $100,000 annually to employ a single room attendant.

“The most significant achievement is what we won in the first year,” Petersen said. “Because housing costs have soared, we put $5 an hour on the table for the first year. That’s a 20% increase for most workers.”

Tipped workers also will get double-time pay for holidays, vacation and sick days, as well as increases in their share of service charges. An automatic 20% gratuity in full-service restaurants will likewise be shared 100% among staff.

Layoffs amid union formation:   Long Beach Post, Business Journal lay off 9 of 14 staffers

Unite Here said the wage increases will ensure workers can remain housed and have the opportunity to live in the communities where they work as rents continue to soar, and money flows into the region with the World Cup & Olympics.

Brenda Mendoza, a uniform attendant at the JW Marriott Hotel in downtown LA for 14 years,  will earn an extra $5 an hour, or $10,400 a year, under the new agreement.

Also see:   Union decertified at Medieval Times in Buena Park

“It means I don’t have to put in extra hours to make ends meet,” the 42-year-old Apple Valley resident said. “It means that I won’t have to live paycheck to paycheck.”

Arturo Huezo, who has worked in housekeeping at the Fairmont Miramar Santa Monica hotel for 30 years, lauded the contract’s preservation of healthcare coverage.

Related Articles

• Business | Long Beach Post, Business Journal lay off 9 of 14 staffers amid union campaign
• Business | Starbucks baristas in Seal Beach win union election
• Business | Occidental College student workers rally for fair bargaining, better conditions
• Business | See the list of 34 Southern California hotels voting on contracts this week
• Business | Los Angeles city drivers for DASH, CityRide and other services vote to strike

“The healthcare we were able to keep for me is life-saving,” he said. “I was able to beat cancer, thanks to the medical care I received, and because of that I found the strength to beat this fight, too.”

Under the new contracts, workers pay no more than $20 a month for full family coverage.

Employees will also see their employers’ contribution to their pension fund increase by 600% from their last labor contract in 2018, the union said.

The new contract also restores mandatory daily room cleaning and guarantees pre-pandemic staffing levels.

©2024 MediaNews Group, Inc. Visit dailynews.com. Distributed by Tribune Content Agency, LLC.

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The WestJet Group and AMFA reach tentative agreement, averting work stoppage.

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WestJet issues 72-hour lockout notification to its Tech Ops union, AMFA

WestJet today has issued a 72-hour lockout notice to the Aircraft Mechanics Fraternal Association (AMFA), the union that represents WestJet Aircraft Maintenance Engineers. As a result of today’s lockout notice, a work stoppage could occur as early as Tuesday, May 7, 2024, at 12 p.m. MT, unless a deal is reached. 

“The decision to issue a lockout notice was not one that was made lightly, and we sincerely regret and apologize for the uncertainty this causes for our guests and the communities and regions that rely on us. Despite our unwavering commitment to reach a collective agreement, AMFA continues to show up to the bargaining table with unreasonable demands and expectations,” said Diederik Pen, President of WestJet Airline and Group Chief Operating Officer. “With AMFA publicly issuing a strike vote alert last week and publicly directing guests to fly with other carriers, we can’t allow the unpredictable nature and lack of progress to continue. We are left with no alternative but to issue a lockout notice in an attempt to bring this to a final resolution.”

The WestJet Group has been in active labour negotiations with AMFA since September 2023. The WestJet Group has presented an offer to AMFA that would make WestJet Aircraft Maintenance Engineers the highest paid in Canada, with a cumulative wage increase of over 20 per cent across the span of the collective agreement. The offer would also deliver industry leading work-life balance standards and strong commitments to job security. 

"We sincerely value the work and contributions of our Aircraft Maintenance Engineers, and our proposed agreement reflects this. We are unwaveringly committed to reaching an agreement to prevent travel disruption, however, we are equally prepared to protect the travel plans of our guests and to provide long-term stability and security for all employees at the WestJet Group,” concluded Pen. 

Issuing a 72-hour lockout notice does not mean travel disruption will occur. However, in the coming days, the WestJet Group will take all necessary actions to manage the impacts as much as possible, including: 

• Beginning preparations to operate a reduced schedule. 
• Proactively managing changes and cancellations, to ensure the ability to communicate with guests in advance of their flight.  
• Providing flexible change and cancel options for those who wish to make alternative arrangements. 

Please visit WestJet’s Guest Updates page for more information regarding flight status, travel changes and applicable dates for flexible change and cancel options.

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The westjet group and amfa reach tentative agreement, averting work stoppage.

Both parties now await the ratification vote to be put forward to membership.

WestJet today has issued a 72-hour lockout notice to the Aircraft Mechanics Fraternal Association (AMFA), the union that represents WestJet Aircraft Maintenance Engineers. As a result of today’s lockout notice, a work stoppage could occur as early as Tuesday, May 7, 2024, at 12 p.m. MT, unless a deal is reached.

Achieving a deal for our valued Aircraft Maintenance Engineers

An update from Diederik Pen, President of WestJet Airlines and WestJet Group Chief Operating Officer, from the bargaining table in Chicago