maryland travel time pay

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Travel Time

Time spent traveling during normal work hours is considered compensable work time. Time spent in home-to-work travel by an employee in an employer-provided vehicle, or in activities performed by an employee that are incidental to the use of the vehicle for commuting, generally is not "hours worked" and, therefore, does not have to be paid. This provision applies only if the travel is within the normal commuting area for the employer's business and the use of the vehicle is subject to an agreement between the employer and the employee or the employee's representative.

Webpages on this Topic

Handy Reference Guide to the Fair Labor Standards Act - Answers many questions about the FLSA and gives information about certain occupations that are exempt from the Act.

Coverage Under the Fair Labor Standards Act (FLSA) Fact Sheet - General information about who is covered by the FLSA.

Wage and Hour Division: District Office Locations - Addresses and phone numbers for Department of Labor district Wage and Hour Division offices.

State Labor Offices/State Laws - Links to state departments of labor contacts. Individual states' laws and regulations may vary greatly. Please consult your state department of labor for this information.

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Maryland’s Wage Law Can Cover Travel Required by Employer, Court Finds

Maryland’s wage and hour law may extend beyond the time an employee spends at a prescribed workspace to include time spent getting to the work site using transportation required by the employer, Maryland’s highest court has decided.

In a 7-0 decision, the Maryland Court of Appeals on July 14 reversed two trial court dismissals of claims by workers seeking unpaid and overtime wages under the Maryland wage and hour law. The court returned the cases to lower court for further proceedings so a jury can decide on the facts of each case.

The high court found that the time (two hours per day) that construction workers spent gathering at a specified parking area and being bussed to the construction site of the MGM National Harbor resort and casino, if required by the employer, constitutes “work” compensable under Maryland’s wage and hour law.

If, however, the workers were not required to report to the parking area, under Maryland’s law the workers would not be entitled to compensation for that time.

The construction firm, DGS Construction, maintained that federal laws—the Portal-to-Portal Act (PPA) and the Fair Labor Standards Act (FLSA)— provide that traveling to the actual place of principal employment activity is not compensable.

However, the state ‘s high court found that the issue had not been resolved under Maryland law and that the state has not implicitly adopted the federal position. What constitutes “work” under Maryland law is not limited to what is compensable work under the PPA and FLSA, the court said.

In the two cases, workers accessed the construction site on buses supplied by the general contractor for the MGM project. The buses took them from a parking area to the construction site and back. The firm did not compensate the workers for their wait and travel time, either coming or going from the parking area. The workers were told that this was the only way they could get onsite, and that they could be fired for reporting to work any other way. The general contractor stated that it would revoke access to the MGM project site for any construction worker who violated the policy by parking a vehicle elsewhere.

The contractor said it provided the parking area located approximately 2.3 miles from the MGM project construction site, and provided the buses, because there was no location to park at the MGM project site. Also the contractor and it had adopted a “good neighbor” policy to avoid disruptions, such as increased traffic, in the community surrounding the site.

The workers contend that, in Maryland, a “worksite” is a location where an employer exercises control over an employee’s time or requires the employee to report. They assert that under Maryland law, a “worksite” is not limited to a place where an employee is performing a job function or principal activities of employment. Rather, a worksite under Maryland law includes a location where an employer exercises “some control” over an employee, they maintain.

“This was a tremendous victory for Maryland workers. When the boss tells workers to do something, even outside of their regular duties, they are working, and now they will get paid,” said Brian Markovitz, a principal at the Joseph, Greenwald & Laake law firm who represented the workers.

The court concluded that there are genuine disputes of material fact in both cases as to whether the workers were required to report to the parking area and whether in using the parking area the workers were required to be on the employer’s premises or on duty or at a prescribed workplace.

Topics Commercial Lines Business Insurance Maryland

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Are Your Employees Entitled to Pay for Time Traveling to Work?

The Maryland Court of Appeals Expands Potential Liability under the Maryland Wage and Hour Law for Worker Time Spent at the Beginning and End of Shifts

In Amaya v. DGS Construction, LLC , the Maryland Court of Appeals recently ruled that employees may be entitled to pay under the Maryland Wage and Hour Law (“MWHL”) for time spent on a company shuttle traveling to and from a worksite. In doing so, the Court determined that “work” for which wages are due under the MWHL for activities at the beginning and end of the workday is broader than “compensable work” under the federal Fair Labor Standards Act (“FLSA”). Employers should evaluate their pay practices to ensure that they are appropriately paying non-exempt employees under the MWHL for time at the beginning and end of shifts.

Facts at Issue

In Amaya , workers sued their respective employers for unpaid wages relating to work on construction of the MGM National resort and casino. [1]  The workers used a company-provided shuttle to the job site from a designated parking lot to reduce traffic congestion at the worksite.  After arriving at the construction site, the employees proceeded through security before clocking in. At the end of the day, the employees clocked out, exited through security and used the shuttle to return to their cars.  The time spent before and after clocking in and out was not tracked, and the workers were not compensated for it.

The Court stated that under the federal Portal-to-Portal Act (PPA), which is an amendment to the FLSA, the employers would not be required to compensate their employees for time traveling to and from the job site. The PPA provides that employers are not required to pay employees for work preliminary or postliminary to the principal work for which they are employed to perform. Relying on the PPA, the employers in Amaya believed their compensation practice complied with the MWHL, which largely tracks the FLSA.

The Court, however, disagreed. The Court ruled that while the MWHL expressly incorporates much of the FLSA, it does not incorporate the PPA.  As a result, workers may be entitled to pay, even if an employee is not actively engaged in – what the employer might classify as – productive work.

The Court’s Legal Analysis

The MWHL largely incorporates the FLSA. It specifically states, “The Maryland Wage and Hour Law, contained in this subtitle, shares the benevolent purpose of its federal partners, the Fair Labor Standards Act, 29 U.S.C.S. § 201 et seq. . . .”  Md. Code Ann., Lab. & Empl. § 3-402. Further, the MWHL directly refers to the FLSA several times throughout its various sections.  Maryland regulations, courts and the Maryland Department of Labor have relied heavily upon the FLSA in interpreting the MWHL. In Amaya , however, the Court identified a distinction between the federal and state statutes.

In reaching its ruling, the Court focused on exactly how the MWHL references the FLSA. The Court based its focus on the specific incorporation language and the timing of enactment of the FLSA, PPA, and MWHL (and corresponding regulations).

The Court stated that the MWHL, in its incorporation of the FLSA, referred specifically to the “federal Fair Lab Standards Act of 1938,” as opposed to the “federal Fair Labor Standards Act, as Amended by the PPA .” The Maryland Court observed that the MWHL was enacted in 1965 (almost 20 years after the amendment of the FLSA). It concluded that if the legislature had intended Maryland law to mimic the FLSA as amended by the PPA, it would have explicitly said so, but it did not. The Court stated this must have been intentional because the legislature knows how to properly refer to an act versus an amended act. The Court reasoned that given that neither the MWHL, Maryland Wage Payment and Collection Law, or their corresponding Maryland regulations refer to the PPA, the legislature must not have intended Maryland law to follow the amended version of the FLSA.

The Court also examined the definition of “work” for which wages must be paid in Maryland. [2] To do this, the Court looked to the Code of Maryland Regulations (COMAR). [3]  In this case, the corresponding regulations are found at Title 09, Subtitle 12, Chapter 41. COMAR 09.12.41.10 which defines “hours of work” as “time during a workweek that an individual employed by an employer is required by the employer to be on the employer’s premises, on duty, or at a prescribed workplace.”  Further, “travel time” is included in computing hours of work where the employee “travels from one worksite to another.” COMAR 09.21.41.10C(2). Whether a specific location is a “worksite,” the Court explained, “is intrinsically tied to the definition of hours of work in COMAR 09.12.41.10A.” Therefore, if an employee performs “hours of work” at a specific location, then that location is a “worksite.”

Questions for the Trier of Fact

The Court explained that the question before it was whether the additional time spent by the construction workers after arriving (and later returning to) the designated parking lot, qualified as “hours of work” under Maryland law. Meaning, upon arriving at the designated parking lot, were the employees: 1) on the employer’s premises, 2) on duty, or 3) at a prescribed workplace.  The Court went on to reason if the employees were required to report to the designated parking lots and any of the three previously mentioned conditions were met, it follows that the employees must be paid for time spent traveling from the designated parking lot to any other location that is a prescribed workplace or location which the employee is required to be on duty or required to be on the employer’s premises, i.e. another worksite.

Ultimately, the Court reasoned that this was a question for the trier of fact and reversed and remanded both cases for the circuit courts to conduct further proceedings for factual determinations.

While the Court did not define “employer’s premises,” “on duty” or “prescribed workplace,” it discussed facts the trier of fact should consider in making a finding on whether the employee was “required” to report to a specific location. The Court mentioned considerations such as the existence of opportunity to park at other lots, the ability to use ride sharing services such as Uber (or else its prohibition by the employer), and other evidence the employees could access the construction site by any means other than reporting to the designated lots and taking the shuttle.

The Bottom Line While unwilling to commit to further guidance, the Court did note if the employers required their workers to report to a specific parking area and use it as the sole means of accessing the construction site, then the workers must be compensated for the associated wait and travel time.

Employers can no longer assume that time spent by their employees traveling from a meeting area to a worksite before and after a shift is not compensable. Instead, employers must make the determination of whether that required reporting location is the employer’s premises, the employee is on duty at the required reporting location, or the location is a prescribed workplace.

Please contact your employment law attorney at Liff, Walsh & Simmons for questions or assistance.

[1] In its opinion, the Court actually decided two cases , Amaya, et al, v. DGS Construction, LLC, et al . and Rojas, et al. v. F.R. General Contractors, Inc., et al. , as both presented the same issue.  

[2] The MWPCL requires that an employer pay an employee “wages,” see LE §§ 3-502, 3-505, and defines “wage” to mean “all compensation  that is due to an employee for employment.” LE § 3-501(c). Both the MWHL and MWPCL define “employ” as “to engage an individual to work” and includes “allowing an individual to work” and “instructing an individual to be present at a work site.” LE § 3-101(c). The term “work” or “compensable work” is not defined in the MWHL, the MWPCL, or COMAR, but COMAR 09.12.41.10 describes “hours of work.”  

[3] The Amaya court explained that the MWHL, as originally enacted – and presently, to a more limited extent – provided the Commissioner of the Department of Labor and Industry, to make regulations which allow the MWHL to be carried out.  

[4] Refraining from defining “employer’s premises,” “on duty” or “prescribed workplace.”

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Home >> #realtalk Blog >> Manage a team >> Travel Time Pay for …

Travel Time Pay for Hourly Employees (2024 Update)

By Homebase Team

When it comes to travel time pay for hourly employees, things can get confusing for both employers and employees. If you run a business where your workers are paid by the hour but also have to travel for work, it’s important to understand what your obligations are and what your employees are legally entitled to.

Exempt employees don’t have to worry about this issue as much because they get a fixed amount of money in every paycheck, regardless of their travel time. However, for non-exempt employees, there are rules set by the government that say employers must pay them for the time they spend traveling.

In this post, we’ll go over everything you need to know about paying your hourly employees for travel time so your business can stay compliant.

What is Travel Time Pay?

Travel time pay refers to the money that employers are required to give their employees for the time they spend traveling to and from customer locations. It doesn’t include the regular travel from home to work.

In some emergency situations or when the employer asks the employee to do work-related tasks outside of their normal hours, the time spent commuting from home may be considered as paid time.

Travel Time Pay vs Break or Meal Time Pay

It’s important to note that travel time is different from break or meal time. According to the US Department of Labor, any break less than 20 minutes or longer breaks where the employee still has work duties must be paid.

If an employee is asked by their employer to travel during a full break or lunch period, that travel time is considered work-related and should be paid.

To avoid any confusion, it’s a good idea to have a separate policy in place that explains how lunch breaks and rest periods are handled in terms of pay.

Who is Entitled to Receive Travel Time Pay?

It’s important to understand that only certain employees, known as non-exempt employees, have the right to be paid for the time they spend traveling for work. This includes both hourly and salaried employees who fall into the non-exempt category.

On the other hand, there are employees called exempt employees who are not entitled to payment for work-related travel. In the United States, the Fair Labor Standards Act (FLSA) identifies different types of exempt employees, like executives, administrative staff, professionals, computer workers, and outside salespeople.

These exempt employees don’t get paid specifically for their travel time since they receive a fixed salary regardless of their travel obligations.

When Do You Have to Pay Hourly Employees for Travel Time?

Here are three common situations regarding paid work travel, but please note that these examples may not cover all possible scenarios.

Local Travel

If an employee’s job requires them to travel within their regular work hours, they must be paid for that time. This includes situations where they are engaged in work or waiting while traveling, even if it’s outside their normal work hours. However, employees who are on breaks or have enough time to do personal things are not eligible for payment during those periods.

Local Travel Example

Let’s say Rebecca is a personal assistant who drives her client, Steve, around town to run errands. If this travel is part of her job duties and occurs during her work hours, Sandra must be paid for that time.

Special One-day Assignment to Another City

If employees have to make a one-day trip to another city for work-related activities like conferences, classes, meetings, or similar events, you must pay them for the travel time to and from that city. However, you can deduct the time they would normally spend on their regular commute.

Some businesses choose to pay for the entire commuting time, but it’s not mandatory.

Special One-day Assignment to Another City Example

Let’s say Sheila works in your office and you send her to a conference. She travels from her home to the conference location and returns on the same day. The roundtrip takes her two and a half hours, while her regular daily commute is only 30 minutes.

In this case, you can deduct the 30-minute commute and pay her for two hours of travel time.

Overnight Travel

If a non-exempt employee travels away from home and stays overnight, you must count the hours they work on regular working days as well as work hours on non-working days (like weekends or holidays). However, you are not required to pay them for travel time that falls outside their regular work hours, unless they are working during that travel time (e.g., answering work emails or doing research on a work trip).

It’s important to note that these are general guidelines, and specific rules may vary depending on the location and applicable laws. You should familiarize themselves with the regulations in their jurisdiction to ensure compliance with travel time payment requirements.

How to Calculate Work Travel Time

One of the big challenges for business owners is figuring out how to calculate travel time pay accurately. It’s important to make sure that employees’ paychecks are fair and calculated correctly.

While you usually don’t have to pay for the time employees spend commuting between their homes and the workplace, other instances of work-related travel need to be accounted for. This includes adding the travel time to employees timesheets and paying them according to the law and company policies.

How Homebase Can Help Calculate Work Travel Time

Homebase is a time tracking tool that can make tracking travel time and managing employee hours much easier. It automatically tracks employees’ hours and locations while they’re on the move.

This means you can keep track of how much time your employees spend traveling for work. Homebase’s GPS time tracking feature lets you record drive time to different job locations.

GPS Time Tracking with Homebase

To make things even simpler, you can set up GPS Geofencing with Homebase. This allows for automatic tracking of when employees start and stop working based on their physical job location. With this feature, you’ll not only know how long it took employees to get to work sites but also precisely when they arrived and left.

Homebase also has features to streamline time tracking and invoicing. You can set different pay rates for travel hours and regular work hours, helping you streamline payroll . It also helps you handle overtime pay and helps you to plan employee routes and schedules to optimize travel time.

Travel Time Pay Rate Law by State

In some states, travel time pay rates must be the same as the rates for regular working hours, or they need to meet the minimum wage requirements at least. However, in other cases, travel rates might be calculated as a percentage of the employee’s normal pay rate.

In California, any travel time that exceeds an employee’s regular daily commute is considered compensable and must be paid at the agreed regular or overtime rates. Employers can set different rates for travel time, but they cannot be lower than the minimum wage.

In New York, the minimum wage regulations cover work-related travel. Employees must be paid for travel time if it is part of their job duties.

Oregon has different classifications for work travel time: portal-to-portal travel, travel between worksites, travel on special one-day assignments, and overnight travel. Generally, travel time pay is required for all types except for portal-to-portal travel (home-to-work and work-to-home).

In New Jersey, the Wage and Hour Laws ensure fair payment for travel time. When employees are required to travel between job locations as part of their work, they must be paid at the same rate as regular working hours.

In Maryland, paid travel time is defined similarly to federal regulations. It includes travel during regular working hours, travel between job locations, and home-to-work and back travel in emergency cases.

Nevada law states that any travel time considered as work should be paid at least at minimum wage rates. Additionally, any training requested by the employer must also be paid as it is considered work time.

Remember, these are general explanations, and specific regulations may vary. It’s essential for employers and employees to familiarize themselves with the specific laws in their state to ensure compliance with travel time pay requirements.

To make sure your business is following the rules, it’s important for them to understand the specific regulations about travel time pay in their area. Likewise, employees should be aware of their rights regarding travel time pay to ensure they receive fair compensation for the time they spend traveling for work.

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Travel Time Pay FAQs

How do you pay travel time for employees.

The method of paying travel time for employees depends on various factors, including the applicable laws and company policies. Here are a few common approaches:

Paying at Regular or Overtime Rates

In many cases, travel time is paid at the same rate as regular working hours. However, if employees exceed their normal work hours or if the travel time falls under overtime criteria, it should be compensated at the appropriate overtime rate.

Different Rates for Travel Time

Some employers choose to set specific rates for travel time, separate from regular working hours. These rates may be negotiated or agreed upon before the start of job execution, but they should not be lower than the minimum wage rates

Lump Sum or Flat Rate

In certain situations, employers may opt to provide a fixed amount as a lump sum or flat rate to cover travel time. This can simplify calculations and ensure consistent payments.

Travel time pay refers to the compensation that employees receive for the time spent traveling for work-related purposes. It encompasses the hours spent traveling to and from job sites, client locations, meetings, or other work-related destinations.

While travel time pay regulations can vary by jurisdiction, it typically applies to situations where employees are required to travel beyond their regular commute. The purpose of travel time pay is to ensure that employees are fairly compensated for the time and effort spent on work-related travel.

It’s important for employers to understand the specific laws and regulations in their jurisdiction to ensure compliance with travel time pay requirements.

How Do You Pay Travel Time for Hourly Employees?

Paying travel time for hourly employees involves considering various factors, such as the specific laws in your jurisdiction and your company’s policies. Here are some common practices:

Calculate Actual Hours

One approach is to track and pay hourly employees for the actual time spent traveling. This includes the time spent commuting between job sites or client locations. Employees should be compensated at their regular hourly rate for these travel hours.

Paying at Overtime Rates

If the travel time causes hourly employees to exceed their regular working hours or if it falls under overtime criteria based on applicable laws, it should be compensated at the appropriate overtime rate.

Set Flat Rates

Some employers choose to establish fixed flat rates for travel time. This means paying a predetermined amount for each trip or assignment, regardless of the actual hours traveled.

How Do You Pay Non-Exempt Employees for Travel Time?

Paying non-exempt employees for travel time requires careful consideration of legal requirements and company policies. Here are some common practices:

Compensate Actual Travel Hours

One approach is to track and pay non-exempt employees for the actual time they spend traveling. This includes the time spent commuting between job sites, client locations, or other work-related destinations. Employees should be compensated at their regular hourly rate for these travel hours.

Apply Overtime Rates

If the travel time causes non-exempt employees to exceed their regular working hours or qualifies for overtime based on applicable laws, it should be compensated at the appropriate overtime rate.

Establish Flat Rates or Lump Sum Payments

Employers may choose to establish fixed flat rates or provide lump sum payments for travel time. This involves paying a predetermined amount for each trip or assignment, regardless of the actual hours traveled. However, it’s important to ensure that these rates comply with legal requirements, such as meeting or exceeding minimum wage rates.

Do Employers Have To Pay Hourly Employees for Travel Time?

The requirement to pay hourly employees for travel time depends on various factors, including the specific laws in your jurisdiction and the nature of the travel. Here are some general guidelines:

Regular Commute

In most cases, employers are not obligated to pay hourly employees for their regular commute from home to the workplace and vice versa. This is considered ordinary home-to-work travel and is typically not considered compensable travel time.

Work-related Travel

However, when hourly employees are required to travel for work-related purposes, such as going to client locations or job sites, the travel time may need to be compensated. If the travel time exceeds the employee’s regular commute or falls under specific criteria outlined in labor laws, employers may be required to pay hourly employees for that travel time.

It’s important to note that travel time pay regulations can vary by jurisdiction, so it is advisable to consult the labor laws in your specific location and seek legal advice to ensure compliance.

Additionally, establishing clear travel time policies and communicating them effectively to employees can help avoid confusion and promote fair compensation practices.

Remember:  This is not legal advice. If you have questions about your particular situation, please consult a lawyer, CPA, or other appropriate professional advisor or agency.

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• Sep 27, 2021

You're entitled to be paid out for your vacation time—but there's a catch.

Updated: Aug 16, 2023

Here's a question we get a lot at the Employment Law Center of Maryland : "do they have to pay me for my unused vacation time?" The short answer is yes; but there's a loophole that savvy Maryland employers take advantage of. Let's get into the details.

The Maryland Wage Payment and Collection Law , Md. Code, Lab. & Empl. § 3-501 et seq. , states that Maryland employers pay separated employees all their accrued "wages," regardless of whether you were terminated or resigned. But is your accrued vacation time a wage? In 2007, the Maryland Court of Special Appeals answered that question with a definitive yes in an unpublished opinion, Catapult Technology, LTD v. Paul Wolfe , No. 997 (Aug. 20, 2007).

In 2007, the Maryland Court of Special Appeals ruled that accrued leave was a wage, and must be paid out upon separation.

Employers scrambled, realizing that they were now obligated to pay out significant leave balances to separated employees. The Maryland legislature bailed employers out during an emergency session in 2008, legislatively overruling the Catapult Technology case and amending the Maryland code to its current state.

The general rule today, as set forth in Md. Code, Lab. & Empl. § 3-505 , is that a Maryland employer must still pay out any unused leave upon separation.

Generally, a Maryland employer must still pay out any unused leave upon separation.

However, there's a significant addition to § 3-505 , which states:

(b) An employer is not required to pay accrued leave to an employee if:

(1) the employer has a written policy that limits the compensation of accrued leave to employees;

(2) the employer notified the employee of the employer's leave benefits in accordance with § 3-504(a)(1) of this subtitle; and

(3) the employee is not entitled to payment for accrued leave at termination under the terms of the employer's written policy.

This provision gives Maryland employers the option of limiting your right to be paid for your accrued leave in an employee handbook, etc., and many Maryland employers take advantage of this. Importantly, pursuant to Md. Code, Lab. & Empl. § 3-504(a)(1) , the policy must have been provided to you at the time of hiring.

For a policy limiting your right to be paid for accrued leave to be effective, it must have been provided to you at the time of your hiring .

Bottom Line

It's pretty easy to figure out whether you're entitled to be paid for your accrued leave—look at your employee handbook, and see if:

your employer has a written policy limiting your right to be paid for your accrued leave; and,

you were provided a copy of the policy at the time of your hiring.

If both of those things are true, you're out of luck. But if your employer failed to do at least one of those things, you are absolutely entitled to be paid for your accrued leave, and pursuant to the Maryland Wage Payment and Collection Law, you're entitled to be paid for it "on or before" your next regular payday. Md. Code, Lab. & Empl. § 3-505(a) .

If you are entitled to be paid for your accrued leave, your employer has to pay it by what would have been your next regular payday .

All this sound like legalese to you? Get in touch with us at the Employment Law Center of Maryland , where it's always free to talk to a Maryland employment lawyer about your situation. We're here to help.

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Wages: What I Need to Know - The Maryland Guide to Wage Payment and Employment Standards

Direct Deposit of Wages With voluntary employee authorization, an employer may direct deposit wages. Though free to encourage participation in this system, an employer may currently not require it.

Holding Wages: “One Pay in the Hole” An employer may not keep any part of the wage of an employee, either by withholding an entire paycheck, part of a paycheck, or by way of incremental wage deductions from several paychecks, as security against some future or contingent occurrence. This practice amounts to a confiscation of pay and is a direct violation of the law requiring timely payment of earned wages.

Note: This section concerns the indefinite holding of wages as security, not the short-term delay of pay for payroll processing purposes.

Wages Paid on Time Generally, an employer must set regular paydays, and pay all earned wages of an employee on time regardless of whether the employee has turned in a time sheet or punch card, quit without notice, or provided any other form or document required by the employer. In addition, earned wages must be paid on time whether or not the employer has received payment from a customer or client for a job on which the employee worked.

If payday falls on a nonworking day, such as a weekend or holiday, wages must be paid on the preceding workday.

Travel Pay Training

Rules for determining travel pay, employer questions about travel pay, recommended training for handling travel pay, find other travel pay training courses.

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• http://www.dol.gov/compliance/topics/wages-other-travel.htm

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Travel Time Pay for Construction Workers: A Quick Guide

• Published : May 20, 2022

Nic De Bonis

• May 20, 2022

Employee Time Tracking

• Tracking Employee Hours
• Tracking Overtime
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• Employee Classification Types
• 1099 v W2 Employees
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• How to Track Mileage
• GPS Breadcrumbs
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• How to Take Progress Photos
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• Should Salaried Employees Clock In And Out?
• The Benefits of Time Tracking
• How To Prevent Buddy Punching
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• Implementing An Employee Time Tracking App
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• Payroll Checklist
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• How to Pay Employees

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Most construction workers are paid by the hour, but what are the rules for travel time pay for construction workers? Once construction workers clock in at the beginning of the day, they need to be compensated for their time.

Does The Fair Labor Standards Act Address Travel Time Pay for Construction Workers?

In the Fair Labor Standards Act (FLSA), the Department Of Labor explicitly states that time spent by an employee in travel as part of their principal activity, such as travel from job site to job site during the workday, is work time and must be counted as hours worked.

In simple terms, the FLSA requires that employees be paid for all hours worked. This includes any time spent working at the job site as well as any time spent traveling to and from the job site if the travel is considered part of the job. 

Time spent traveling will further be included in work time when it comes to required breaks. If an employee is entitled to a break after four hours of working and travel four hours to a work site, they would immediately need to have a break upon arrival.

Note that no law set by the Department Of Labor requires employers to pay employees for their home-to-work travel (normal commuting). So, an employee’s commute from their home to their regular job location would not be factored in. However, if the employee is sent to a new remote job site further away on a temporary basis, the employee will need to be compensated.

Is Travel Time Pay For Hourly Employees Subject To Standard Wage And Hour Laws?

In most states, employers have the flexibility to determine how much they pay for travel time. In other words, an employer can pay a different hourly rate for travel time as it pays for all other working hours. If you decide to pay a different rate:

• Make sure that you notify the employee of the separate rate in advance of the travel.
• Make sure the rate is sufficient to cover the minimum wage for all compensable hours.
• Make sure you check your local state regulations to double check your state doesn’t require the same rate to be paid (see next section).

Paying a different rate for travel time impacts the regular rate of pay for overtime purposes making it much more complicated to calculate weekly overtime pay . Employers that decide to use a different hourly rate over travel time should consult their accountant/hr advisor on how to calculate overtime pay for employees working at two or more rates.

What Are the State Regulations for Travel Time Pay for Construction Workers?

State laws and regulations related to travel time pay can vary widely. Some states have specific laws that address the issue of travel time pay for construction workers, while other states have no such laws.

Travel time is considered to be any travel time over the regular commute. Travel time must be paid at regular rates or overtime rates, but employers can set different rates for travel prior to the start of a job. It cannot be lower than the minimum wage.

Regular work hour trips, site-to-site trips, and emergency home-to-work and work-to-home travel are all included in paid time.

An employee must be compensated for their travel time at the same rate as their regular wages.

A minimum wage must be paid for travel time.

Work travel time can be paid at minimum wage rates.

There are four types of travel: between worksites, portal-to-portal, one-day, and overnight. Travel pay is not due for portal-to-portal travel (regular commutes).

It’s important to know the compliance laws in your state—and it’s worth it to check with your board of labor in advance if you have questions about these regulations. In general, most employers will need to pay out employees at their regular rate for any business travel that is done during their work hours.

Do I Need Reimburse Employees For Mileage?

If your employees are using their own vehicles for driving between job sites, it’s typically expected that an employee is reimbursed for the miles driven. According to the  IRS , the standard mileage reimbursement rate is 62.5 cents per mile driven for business in 2022.

There’s actually no federal requirement for mileage reimbursement,  but there are different requirements for travel time based on state. The exception is if the costs of mileage would bring the employee under minimum wage—then the employee needs to be brought up to minimum wage. 

There are only three states that require that companies reimburse their employees for mileage : California, Massachusetts, and Illinois. Still, because it’s standard for the industry, it’s often necessary to remain competitive.

Check out this guide on employee mileage reimbursement for more information.

How To Accurately Track Travel Time Pay

Tracking travel time between each job site is really difficult. If you’re relying on an honor system you’re probably overpaying and could be saving thousands of dollars.

The good news is that there is a better way. Construction companies are increasingly rolling out GPS time clock apps across their team of construction workers to accurately track driving routes, travel time, and mileage. These apps are easy to adopt for construction workers , they simply need to tap to clock in and tap to clock out.

There are many benefits to using a GPS time clock app :

• Travel routes, time, and mileage is automatically captured , always accurate and transparent. No more guessing or wondering if employees are inflating the numbers.
• See where your employees are in real-time. Dispatch the employees who are closest to a site and save on travel and mileage. Not only do you save money, but you increase your response time and client satisfaction.
• Easily produce reports for client reimbursements. If clients are paying for travel time, you have a complete paper trail.
• Identify inefficient uses of time. You can see where your employees go and what routes they take. Review your employee travel to identify areas of potential improvement.
• Review your reports when making new bids. Know exactly how much you usually spend on travel, so you can factor it into your costs. Avoid underbidding on a project by underestimating your travel and labor costs.
• Built-in overtime and break compliance . Overtime pay such as time and a half is automatically calculated based on your state’s rules ensuring compliance.

Improving your revenue is about having the right data. With Workyard, you’ll be able to track travel time for your workers with ease—and make sure that your payroll is accurate.

Track Travel Time Pay for Construction Workers With Workyard

Workyard has been built specifically for tracking travel time, mileage, and routes for construction workers. With Workyard everything is automated, employees simply have to clock in and it will take care of the rest.

Start a free trial and discover why Workyard is the leading construction time tracking software trusted by thousands of construction and field services companies.

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Employee Mileage Reimbursement In 2023: Rules, Rates & Tools

In this guide we cover everything you need to know about employee mileage reimbursement including the rules, the current IRS rates in 2023, tax benefits and the practical tools you can use to effectively manage mileage reimbursements for all of your employees.

Construction GPS: How It Saves You Money

In this article, we cover how Construction GPS technology can be used to accurately track employee labor, bill reimbursable time, and reduce the amount of time spent on administration.

8 Must Know Time Clock Rules for Hourly Employees

In this article, we cover important time clock rules for hourly employees and interpret the labor laws for clocking in and out, so you can be familiar with the key regulations and avoid potential violations of federal laws.

Workyard provides leading workforce management solutions to construction, service, and property maintenance companies of all sizes.

Maryland’s ‘Time to Care Act’—Frequently Asked Questions About Paid Family and Medical Leave Benefits for Maryland Workers

Starting in 2025, Maryland workers may have an easier time making ends meet when they take otherwise unpaid leave under the federal Family and Medical Leave Act (FMLA). Thanks to Maryland’s newly enacted Time to Care Act of 2022 (TTCA), Maryland workers will be able to apply for paid leave benefits from a state fund beginning on January 1, 2025.

As the TTCA will be phased in incrementally over the next two years, employers will have time to plan and prepare, become familiar with the TTCA’s benefits scheme, and project the potential additional costs that the TTCA will impose on them. Employers also may want to plan for the effect the TTCA may have on existing leave policies and bargaining agreements.

Guidance in the form of regulations from the Maryland Department of Labor is expected by June 1, 2023. In the meantime, answers to some of the most frequently asked questions (FAQs) about the TTCA are provided below.

Question 1. How does the Time to Care Act of 2022 work?

Answer 1 . The TTCA creates a Family and Medical Leave Insurance (FAMLI) Fund to provide up to twelve weeks of paid leave to covered individuals as part of a new FAMLI program. The state treasurer will be the custodian of the fund and will manage it according to regulations that will be promulgated by Maryland’s secretary of labor.

The TTCA’s benefits will be paid to eligible individuals directly by the state of Maryland. Individuals will need to submit applications to the state, which is required to notify employers when their employees apply. The money to fund the benefits will come from payroll deductions.

The TTCA’s benefits are not limited to employees. The law permits self-employed individuals to elect to contribute to the FAMLI Fund and receive paid leave benefits at the same level as employees. The TTCA also allows employers to opt out of the payroll tax scheme by adopting private programs of their own, provided they are equivalent to the TTCA.

Q2. When does the TTCA become effective?

A2 . The TTCA’s official effective date is June 1, 2022, but its provisions do not take effect all at once. Contributions from employees and employers (and self-employed individuals who participate in the program) are not required until October 1, 2023. Covered individuals can submit claims for benefits beginning on January 1, 2025.

Q3. Whom does the TTCA cover?

A3 . The TTCA defines “employer” as “a person or governmental entity that employs at least one individual” in Maryland, but the law does not limit coverage to employees employed within Maryland. Accordingly, it is not clear how the law would apply to Maryland employees who divide their work time between Maryland and the neighboring District of Columbia, which has its own paid family and medical leave law .

Q4. Who is eligible to apply for paid leave benefits under the TTCA?

A4 . Paid leave benefits are available to a “covered individual,” a term that includes certain employees and certain self-employed individuals. An employee is a “covered individual” if he or she worked “at least 680 hours over the 12-month period immediately preceding the date on which leave is to begin.” The term “covered individual” also includes a “self-employed individual who elects to participate in the program by filing a written notice of election with the secretary [of labor],” in accordance with regulations that the secretary is required to establish. (A self-employed individual who elects to participate must “participate for an initial period of not less than 3 years.”)

Q5. What are the types of leave for which a covered individual may seek paid leave benefits under the TTCA?

A5 . Under the TTCA, there are five broad categories of leave for which a covered individual may obtain paid leave benefits. They include leave taken to:

• care for a newborn child or a child newly placed for adoption, foster care, or kinship care during the first year after the child’s birth, adoption, or placement;
• “care for a family member with a serious health condition”;
• “attend to a serious health condition that results in the covered individual being unable to perform the functions of the covered individual’s position”;
• “care for a service member with a serious health condition resulting from military service who is the covered individual’s next of kin”; or
• “attend to a qualifying exigency arising out of the deployment of a service member who is a family member of the covered individual.”

The TTCA provides definitions for its key terms (e.g., “serious health condition,” “family member,” and “service member”).

Q6. How much do covered individuals receive in TTCA benefits?

A6 . Individuals receiving TTCA benefits are paid a weekly benefit amount once every two weeks. The amount of the weekly benefit is determined on a case-by-case basis using a formula that takes into account the state average weekly wage and the individual’s average weekly wage, calculated based on total wages paid over the preceding 680 hours the covered individual worked. There is a partial leave benefit available when a worker is working a portion of each week during the leave.

The amount of an individual’s weekly benefit can range from a floor of $50 to a ceiling of $1,000. The ceiling is subject to adjustment by the secretary of labor during each succeeding twelve-month period beginning on January 1, 2025. The adjustments are tied to the annual percentage change in the Consumer Price Index for all urban consumers (CPI-U) for the Washington-Arlington-Alexandria, DC-VA-MD-WV metropolitan area.

Q7. How do employers make contributions to the FAMLI Fund?

A7 . Beginning in 2025, the TTCA requires the secretary of labor to determine on a biannual basis, “in consultation with [s]tate agencies and relevant stakeholders,” the appropriate total rate of contribution, and the appropriate formula for allocating between employers and employees their respective shares of contributions to the FAMLI Fund.. Under one formula, employers would contribute 75 percent and employees the remainder. Under the alternative formula, employees would contribute 75 percent, and employers would contribute the remainder.

Employee contributions are made through payroll deductions from employee wages.

Q8. May an employer opt out of Maryland’s TTCA scheme?

A8. Yes. An employer is permitted to satisfy the requirements of the TTCA through a private employer plan that must be filed with the Maryland Department of Labor for approval. The private plan may consist of employer-provided benefits, insurance, or a combination of both, but it must meet or exceed the rights, protections, and benefits provided by the TTCA and must cover all of the employer’s eligible employees. An employer with an approved private plan is exempted from making contributions to the FAMLI Fund.

Q9. Are TTCA benefits available for leave taken on an intermittent basis?

A9. The TTCA states that benefits are available to employees taking family or medical leave on an intermittent basis. “If leave is taken on an intermittent leave schedule, the covered individual shall: (i) make a reasonable effort to schedule the intermittent leave in a manner that does not unduly disrupt the operations of the employer; and (ii) provide the employer with reasonable and practicable prior notice of the reason for which the intermittent leave is necessary.”

Q10. How does the TTCA affect existing paid leave policies?

A10. The TTCA states that employees must “exhaust all employer-provided leave that is not required to be provided under law” before receiving TTCA benefits. The TTCA also states that “[a]n employee’s right to benefits may not be diminished … by an employer policy” and that an agreement to waive an employee’s rights under the TTCA is “void as against public policy.”

Q11. How does the TTCA impact benefits for employees covered by a collective bargaining agreement?

A11 . The TTCA states that an employee’s right to benefits “may not be diminished by a collective bargaining agreement.” Employers may want to review their collective bargaining agreements, as well as any benefits provided thereunder, to determine whether any adjustments are needed to harmonize an agreement’s terms or existing paid leave benefits with the TTCA. A failure to address those issues prior to renewing or signing a bargaining agreement could be costly to employers, especially where the bargaining agreement calls for paid leave benefits that are duplicative of the benefits employees will receive under the TTCA.

Q12. Are employees receiving unemployment insurance or workers’ compensation benefits eligible for TTCA benefits?

A12. The TTCA states that the Maryland Department of Labor must report to the state legislature by January 1, 2023, whether covered employees who receive benefits under the FAMLI Fund should also be eligible for unemployment benefits.

The TTCA states that workers who are receiving wage replacement benefits under Maryland’s workers’ compensation law are not eligible for TTCA paid leave benefits, with the sole exception of workers who are receiving compensation for a permanent partial disability.

Q13. Are there notices that employers must provide to employees?

A13. Yes. An employer must “provide written notice to each employee” of his or her rights and duties under the TTCA “at the time of hire and annually thereafter.” In addition, “[w]hen an employee requests leave under [the TTCA], or when an employer knows that an employee’s leave may be for a reason under [the TTCA],” the employer has five business days to provide the employee with notice of eligibility to take leave for which TTCA benefits may be provided. Both notices “shall be provided in accordance with regulations adopted by the [s]ecretary [of labor].”

Q14. Does the TTCA include job restoration protections?

A14 . Yes. An employee who receives benefits under the TTCA or takes leave for which TTCA benefits may be payable is entitled to be restored to an equivalent position on the expiration of leave. With respect to continuation of employee benefits during leave for which workers receive TTCA benefits, the TTCA borrows the group health plan provisions set out in Maryland’s Parental Leave Act. Specifically, the employer must maintain an employee’s group health plan coverage for the duration of the leave and in the same manner that coverage would have been provided if the employee had continued in employment continuously for the duration of the leave. Under the Parental Leave Act, if an employee fails to return after the end of the authorized leave period, the employer is entitled to recover the premiums that it paid to maintain the employee’s coverage.

Q15. When will Maryland promulgate regulations under the TTCA?

A15. The TTCA requires the state to issue regulations on or before June 1, 2023. The regulations are essential to establish the process by which covered individuals can apply for TTCA benefits, including the forms they are required to use to certify their eligibility as well as the justification for the leave. The regulations also are necessary to provide the specific content of the notices that employers will be required to provide to their employees.

Although full implementation of the law is more than two years away, Maryland employers have some decisions to make in the near term. Those decisions include whether to incur the payroll costs to fund the state’s program or instead seek state approval for a privately funded solution. Employers also may want to consider whether and how to restructure existing paid leave polices or modify benefits for employees covered by collective bargaining agreements.

Ogletree Deakins will continue to monitor and report on developments with respect to regulations and other guidance under the Time to Care Act of 2022 and will post updates on the firm’s Leaves of Absence and Maryland blogs as additional information becomes available. Important information is also available via the firm’s webinar and podcast programs.

James J. Murphy

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Leaves of Absence/Reasonable Accommodation

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Termination Pay - The Maryland Guide to Wage Payment and Employment Standards

Wage Payment at Termination—When Final Paycheck is Due Each employer shall pay an employee, or the authorized representative of an employee, all wages due for work that the employee performed before the termination of employment, on or before the day on which the employee would have been paid the wages if the employment had not terminated.

Notice of Termination: Payment of Wages During Notice Period Unless expressly provided in an employment contract, agreement or policy, an employer is not required to allow an employee to work the full two week termination notice period (or whatever other termination notice period given by the employee), nor pay the employee for the time not actually allowed to work.

Unused Vacation Termination—Is it Payable? The answer to this question depends on the employer's written policy, and whether this policy was communicated to the employee at the time of hiring. For example, if an employer informs employees in writing at the time of hiring that unused vacation leave will be lost or forfeited upon termination, then an employee will not be able to claim it. On the other hand, where the employer does not have a written policy that limits the compensation for accrued leave to a terminated employee, that employee is entitled to the cash value of whatever unused earned vacation leave was left -- provided it was otherwise usable.

Unused Sick Leave at Termination—Is it Payable? Because sick leave is generally meant to be used in the case of sickness or for medical attention, its use is limited to those situations. Sick leave is therefore a contingency against illness, and cannot be claimed at termination in the same manner as unused vacation leave, unless expressly allowed in a contract or an employer's policy.

Longtime DC restaurant Marcel’s is closing after more than two decades

Jeff Clabaugh | [email protected]

May 2, 2024, 4:23 AM

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Marcel’s , by renowned chef Robert Wiedmaier in D.C.’s West End, will close permanently on May 12, ending a 25-year run as part of the District’s fine dining scene.

“Despite our best efforts, Marcel’s was unable to reach lease terms with the new building owner and will not be renewing its lease,” chef owner Robert Wiedmaier said.

Marcel’s, located on 2401 Pennsylvania Avenue, is known for its fixed-price menus featuring French and Belgian cuisine.

Marcel’s is part of the Robert Wiedmaier Restaurant Group, whose restaurants include Brasserie Beck, Mussel Bar Arlington and Keystone Korner. A new RW restaurant, Mussel Bar and Grille, opens in Bethesda, Maryland, next month.

The announcement comes barely a week after Marcel’s was honored with The Restaurant Association of Metropolitan Washington’s 2024 Milestone Award , honoring D.C. restaurants that have reached at least 25 years of continuous operations. In 2009, Wiedmaier was named Washington’s Chef of the Year by the Restaurant Association.

Marcel’s holds a top spot on Zagat’s Best Restaurant list and has been in the D.C. Michelin Guide since 2016.

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© 2024 WTOP. All Rights Reserved. This website is not intended for users located within the European Economic Area.

Jeff Clabaugh has spent 20 years covering the Washington region's economy and financial markets for WTOP as part of a partnership with the Washington Business Journal, and officially joined the WTOP newsroom staff in January 2016.

• @wtopclabaugh

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