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Time spent by workers with disabilities being transported to and from a
worksite and their homes (including group homes and dormitories) by the
employer at the beginning and end of a day is not hours worked. Such
transportation retains the characteristic of “normal home to work
travel,” and thus the time need not be compensated.
When workers with disabilities report to a centralized pick-up spot to
get a ride in their facility’s vehicle to a remote job site that may not
be readily accessible by public transportation, such transportation retains the
characteristic of “normal home to work travel.” Such travel does not
constitute hours worked so long as the workers with disabilities do not perform
any work at the pick-up spot, do not engage in any task that could be
considered an integral part of their principal activity, and retain the option
to transport themselves to the job site.
At times, because of their disabilities, workers’ option to
transport themselves to the job site may be only theoretical. For example, a
worker with a disability may not be eligible for a driver’s license or his
or her guardian may be unable to provide transportation. The fact that the
transportation option is only theoretical does not change the U.S. Department
of Labor’s position that such travel is not hours worked nor compensable.
Any time spent in transportation between job sites during the course of
a workday is hours worked, and the employee shall be paid a wage rate that is
at least equal to his or her average hourly earnings during the most recently
completed representative period, not to exceed a quarter (calendar or fiscal).
An employer must be consistent in the method used when computing the
employee’s average hourly earnings.
For more information about travel time and hours worked, please visit
the FLSA Hours
Worked Advisor.
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FLSA Section 14(c) Advisor |
Wage and Hour Division
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