The holiday season often includes company events and parties, and many employees wonder if travel time to these events counts as paid work time. It depends on whether attendance is mandatory and where the event is held. Here, we’ll break down what the Fair Labor Standards Act (FLSA) says about compensating travel time for work-related events, helping you understand your rights.
When Is Travel Time Considered Work Time?
According to the FLSA, travel time is considered work time in specific situations, especially when the travel occurs during regular work hours. Here are some instances where holiday event travel might be compensated:
- Mandatory events–If the holiday event is required, traveling could be classified as work time since it falls within required work activities.
- During regular hours–If travel occurs during an employee’s typical work hours, it is generally considered work time under the FLSA.
When travel is required and falls within work hours, your employer is likely responsible for compensating you for the time you spend traveling to the holiday event.
Non-Work Hours Travel
Travel time might not be compensated if the event falls outside regular work hours or is voluntary. For instance:
- Voluntary attendance–When attendance at the holiday event is optional, travel time usually isn’t considered work time, and employers aren’t obligated to compensate you.
- After-hours travel–Travel time outside of regular work hours is generally not considered compensable, especially if attending the event is not a job requirement.
In short, whether attendance is optional or mandated by your employer determines whether travel time is eligible for compensation.
Overnight Travel and Off-Site Events
If your company’s holiday event requires overnight travel, the rules differ. Under the FLSA:
- During work hours–Any travel within your regular work hours is compensable, even on weekends.
- Outside work hours–Travel outside of regular work hours for overnight events isn’t considered work time unless you perform specific duties during travel.
If you’re expected to perform work-related activities while traveling, such as coordinating event details or managing logistics, you may be eligible for compensation regardless of the time of day.
State Laws and Employer Policies
New York State follows the FLSA guidelines. However, companies may have policies that go beyond legal requirements, so it’s worth checking with HR about your company’s practices. If your company has a more generous policy on travel pay, they may offer compensation even if it isn’t required by law.
Tips for Determining if Travel Time Is Compensated
When evaluating whether your travel time should be paid, here are some questions to consider:
- Is the event required or voluntary?
- Does travel fall within your regular work hours?
- Are you expected to perform any duties while attending or traveling to the event?
- Does your state have additional labor laws that apply?
Knowing these details can help clarify whether your travel time is work-related or personal.
Get Paid For Your Travel Time
Whether travel time for holiday events is compensable depends on attendance requirements, timing, and specific duties. If you have questions about your holiday event travel rights, our Lipsky Lowe team can provide guidance. Contact us today to consult with an experienced employment lawyer.
About the Author
Douglas Lipsky is a co-founding partner of Lipsky Lowe LLP. He has extensive experience in all areas of employment law, including discrimination, sexual harassment, hostile work environment, retaliation, wrongful discharge, breach of contract, unpaid overtime, and unpaid tips. He also represents clients in complex wage and hour claims, including collective actions under the federal Fair Labor Standards Act and class actions under the laws of many different states. If you have questions about this article, contact Douglas today.