Mileage and Travel Pay

UPDATED: Sep 30, 2022

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Mileage and Travel Pay

I am an hourly non-exempt employee that works at one location. My company from time-to-time requires me to travel to another location in another city to work inventory, training, etc. I use my personal vehicle to get there and they reimburse me for the use but when I inquire about travel pay they state since they pay mileage that they aren’t required to pay travel time. Is this legal?

Asked on February 4, 2017 under Employment Labor Law, Illinois


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The actual rules about this can get quite complex, but to oversimplify: if you travel during the work day, when you'd otherwise be working, the travel itself is work and you need to be paid for it. If you travel outside your normal workdays or work hours, the company does not need to pay you for it, similar to how they don't need to pay you for your commute to/from work. There are some wrinkles to it and some exceptions, and to get a definitive answer about your exact situation, consult with an employment law attorney in detail, but the above is a general statement of the rule.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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