Confusion often arises when trying to understand whether an employee is entitled to be compensated for travel time under Massachusetts employment laws. Massachusetts has specific regulations dictating when an employee is and is not entitled to be compensated for their travel time. The rules are as follows:

(a)   Ordinary travel between home and work is not compensable working time.

(b) If an employee who regularly works at a fixed location is required to report to a location other than his or her regular work site, the employee shall be compensated for all travel time in excess of his or her ordinary travel time between home and work and shall be reimbursed for associated transportation expenses.

(c)   If an employer requires an employee to report to a location other than the work site or to report to a specified location to take transportation, compensable work time begins at the reporting time and includes subsequent travel to and from the work site.

(d) An employee required or directed to travel from one place to another after the beginning of or before the close of the work day shall be compensated for all travel time and shall be reimbursed for all transportation expenses.

(e)   Travel that keeps an employee away from home overnight shall be compensated in a manner consistent with 29 C.F.R. § 785.39.

Employees in Massachusetts are regularly deprived of pay for travel time that is compensable. One of the most common travel time violations is in the construction field. Often, construction employers require their employees to arrive at the company office in the morning to pick up their work vehicle and then travel to the jobsite for their workday. In such a scenario, although employees are entitled to be compensated from the moment they arrive at the company office, employers often don’t consider the employee “on-the-clock” until they arrive at the jobsite. That is unlawful and deprives construction employees of thousands of dollars in wages over the course of their employment, including potential overtime compensation. If you believe you are not being fairly compensated for your travel time, contact Attorney Shafran.