Should a caregiver get paid for travel time?
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Should a caregiver get paid for travel time?
According to the FSLA, caregiver travel time between clients’ homes should be considered as hours
worked and paid time. Is this correct?
Asked on July 4, 2017 under Employment Labor Law, Arizona
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
First of all, commuting to and from work (which can be the first/last appointment of the day) is not compensable time, therefore you need not be paid for it. However, time traveling from one appointment to another during the course of a workday is considered to be work and therefore you must be paid for such time.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Under federal law (so national law; applies everywhere) your travel time from one work location (client's home) to another during the workday is considered worktime and an hourly employee should be paid for it.
The exception is that since the commute to/from work does not need to be paid, to oversimplify somewhat, if you go directly from your home to the first client's home, that would the equivalent of your morning commute and does not need to be paid; similarly, if you drive from a client's home back to your home (or to wherever you go after work; e.g. to a store, to a restaurant, to pick up your child from school, etc.), that would be the equivalent of your return communte and is not paid. But again, travel during the workday from one location to another should be paid.
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