DOL Clarifies When Wages Are Owed For Travel Time When Teleworking Part Of The Day

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The Department of Labor’s Wage and Hour Division recently issued some clarification on when an hourly employee who works part of the day at the office and part at home teleworking must be paid for travel time.  The issue arose because the travel could be considered as travel between worksites, which may be compensable under the “continuous workday doctrine” rather than exempted under the Portal-to-Portal Act.  DOL clarified that, as long as the employee is traveling of their own volition for their own purposes and is off-duty while traveling, the travel time is not compensable.  Factors such as whether the employee is working while traveling, is required to work in both locations or is required to do work immediately before or after the travel can alter this determination.  While each situation is unique and would require an analysis to determine is wages are not owed, DOL’s opinion letter provides helpful guidance on the often complex issue of compensable travel time.

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