BOP NEWSLETTER • August 2023

Q: Does a nonexempt employee need to be paid for time spent traveling from one work site to another during a workday?

A: Yes. Any time spent by an employee in travel as part of his or her principal activity, such as travel from job site to job site during the workday, must be counted as hours worked under the Fair Labor Standards Act (FLSA). For example, if an employee works at their employer’s place of business until 3 p.m. and is then sent to another work site to perform job duties until 5 p.m., and is required to return to their employer’s place of business at 6 p.m., all of the time is working time. However, if the employee goes home instead of returning to their employer’s place of business, the travel after 5 p.m. is commuting time for which the employee does not need to be paid.