DOL revisits compensable travel time

The U.S. Department of Labor (DOL) recently issued an opinion letter about compensation for employee travel time—a complex issue to assess, particularly given that many workers mix business and pleasure while traveling. The letter addressed the concerns of a construction company with multiple jobsites and a primarily nonexempt workforce. The employer kept trucks at the principal place of business and for local work. An employee came to the main office first to obtain a truck and then drove it to a jobsite. The truck was returned to the place of business on a daily basis. Read on to learn more about the DOL’s new guidance.

Local jobsites

Not surprisingly, if an employee is required to come first to the main business office, pick up a vehicle, and then travel to a jobsite, the time spent traveling from the main office to the site is considered compensable time. That’s clearly in line with previous DOL opinions and regulations relating to the Portal-to-Portal Act.

In some instances, laborers who don’t require a company truck may drive directly to the local jobsite. Again, in conformance with earlier opinions relating to the Portal-to-Portal Act, travel from the employee’s home to a jobsite, even if the site may differ on a day-to-day basis, is considered normal commuting time and isn’t compensable. Even if employees choose to congregate at a different site to carpool, the time to the meeting point and then to the jobsite is considered to be a regular commute.