Is Travel Time Payable Time?

Date: November 7, 2009
Posted In: DLP Law

Tony had worked for a number of years for the Northern Woods Construction Company. To start the day, Tony would report to the headquarters of Northern Woods in Orson, Pennsylvania. There, Tony and the other workers would gather their equipment and materials needed for the day\’s project, load up the construction vehicles, and then travel to the work site. At the end of each day, Tony and his co-workers were required to return to Orson, unload their vehicles, and perform whatever end-of-shift duties they had.

For years, Northern Woods was only paying Tony and his co-workers for time spent actually on the job site at the work location. Tony was never paid for his travel time at the beginning and the end of each work day.

Finally, Tony, as demanded by his wife, inquired as to whether or not he shouldn\’t be paid for his travel time from his employer\’s headquarters to the work site and back from the work site to his employer\’s place of business.

Issue: Is Tony\’s wife right?

Answer: Of course she is. The wife is always right.

The Department of Labor has enacted a specific regulation, specifically addressing travel during the work day. In cases such as Tony\’s, where he was required to report at a meeting place to receive instructions and/or pick up tools and then return to that work site, that time must be counted as hours worked, and he must be paid for the same.

Disclaimer: The above article is for instructive purposes only and each case is fact sensitive. Consultation with an attorney should be obtained instead of reliance upon the legal issues discussed in this column.

Joe Price
Attorney Joe Price is a seasoned Trial Lawyer serving Northeast, Central and Southeast Pennsylvania for the past forty (40) years. He has handled serious personal injury cases in courts throughout the Federal system including New Jersey and New York. Attorney Price is A.V. Rated by Martindale Hubble. He is Board Certified in Civil Practice by the National Board of Trial Advocacy since 1996.