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Policies & Procedures - Overnight Travel

THE LANGUAGE USED IN THIS DOCUMENT DOES NOT CREATE AN EMPLOYMENT CONTRACT BETWEEN THE EMPLOYEE AND THE AGENCY. THIS DOCUMENT DOES NOT CREATE ANY CONTRACTUAL RIGHTS OR ENTITLEMENTS. THE AGENCY RESERVES THE RIGHT TO REVISE THE CONTENT OF THIS DOCUMENT, IN WHOLE OR IN PART. NO PROMISES OR ASSURANCES, WHETHER WRITTEN OR ORAL, WHICH ARE CONTRARY TO OR INCONSISTENT WITH THE TERMS OF THIS PARAGRAPH CREATE ANY CONTRACT OF EMPLOYMENT.

The regulations provide that travel time is compensable work time when it occurs during the employee’s regular working hours. This is true whether the employee actually performs work or not, since the employee is simply substituting travel for other work duties. Moreover, if the travel occurs during normal working hours on nonworking days (i.e., Saturday or Sunday for an employee who works Monday to Friday), the time is compensable.

Because of enforcement difficulties, DOL does not count as working time overnight travel that occurs outside of regular working hours as a passenger on an airplane, train, boat, bus or care and where the employee is free to relax. It is advantageous to most employers, therefore, to thave their non-exempt employees travel after working hours. Of course, employees who perform work while traveling must be compensated. In addition, if an employee is required to drive or required to ride as an "assistant or helper" in an automobile, the employee must be compensated for the travel time, except when the employee is on a bona fide meal break or is provided sleeping facilities. If an employee is offered the option of public transportation but chooses to drive, the employer may count as hours worked either the time spent driving or the time that would have had to be counted if public transportation had been taken. (If the travel is overnight and done outside work hours, the travel time is not compensable).

Travel time for nonexempt employees may be hours worked under some conditions. Ordinary home-to-work or vice versa is not working time. All time spent traveling on one-day assignments is considered time worked regardless of time of day or day of the week.

Travel away from home involving an overnight stay for nonexempt employees is considered time worked when it occurs during the employee’s normal working hours. This provision is applicable not only on regular working days, but also during the corresponding hours of non-working days.

For more information about this policy, contact the Human Resources Department.

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