In a Department of Labor (DoL) opinion letter recently made available, officials said the workers’ voluntary trips back home did not qualify as compensable work time under the Fair Labor Standards Act (FLSA).
“Travel at the employee’s own option and for his or her sole convenience need not be considered hours worked under the FLSA,” wrote the Office of Enforcement Policy Fair Labor Standards Team, according to a Thompson.com report.
The employer requesting the letter ruling sends crews of hourly workers on out-of-town assignments lasting two weeks or more. During the job assignments, the employees, who qualify for overtime, typically work for 10 consecutive days and take off the following four days. The employer pays the employees for travel time to and from the out-of-town work sites at the beginning and end of the projects.
More information about the FLSA is here .