In a BLR webinar entitled "Off-the-Clock? How to Determine When Time Worked is Compensable Under Federal Law," Catherine Moreton Gray, Esq., an associate at Robinson and Cole LLP described the scenarios under which report-in pay and travel time should or should not be considered work time.
With respect to report-in pay:
- The Fair Labor Standards Act (FLSA) does not require employers to pay employees who report to work but cannot work for some reason, e.g., no work is available, power outage, etc.
- However, many states require employers to pay employees for a minimum number of hours if they report to work as scheduled.
With respect to travel time:
- Commuting to and from work is generally not work time.
- Travel to a different site for an assignment is likely compensable.
- Travel time during the work day, e.g., visiting customers, is work time if it is part of the employee's principal job activity.
- Overnight travel time is compensable if time is spent traveling during normal working hours, even on a weekend.
Catherine Moreton Gray, Esq. is an associate at Robinson and Cole LLP (www.rc.com). She has more than 20 years experience in human resources and employment law. Her practice is focused on advising employers on all aspects of the employment relationship, including representing employers in government audits, before administrative agencies and in federal and state courts.