Owais Crawford
Whether or not time spent at an airport counts towards an employee's working hours depends on several factors. These include whether the employee is covered by or exempt from the Fair Labor Standards Act (FLSA), whether they are commuting or travelling during regular working hours, and whether they are performing work while at the airport. For example, if an employee travels outside of their regular working hours to an airport within their official duty station, this is usually considered equivalent to commuting time and is not counted as working time. However, if an employee is required to travel during regular working hours or perform work while at the airport, this time may be counted as hours worked.
| Characteristics | Values |
|---|---|
| Commuting time counted as hours of work | If an employee is required to perform substantial work under the direction of the employing agency |
| Travel time counted as hours of work | If an employee is required to travel during regular working hours, or if they are required to work during travel |
| Travel time to/from an airport within the official duty station counted as hours of work | No |
| Time spent at an airport waiting for a connecting flight counted as hours of work | Yes |
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What You'll Learn
- Time spent travelling to/from the airport within an employee's official duty station is considered commuting time and is not counted as work hours
- Time spent travelling to/from the airport outside of an employee's official duty station is counted as work hours
- Time spent at an airport waiting for a connecting flight is counted as work hours
- Time spent travelling to/from an airport during normal work hours is counted as compensable work time
- Time spent travelling to/from an airport outside of regular work hours is not counted as work hours
Time spent travelling to/from the airport within an employee's official duty station is considered commuting time and is not counted as work hours
For employees covered by the Fair Labor Standards Act (FLSA), normal commuting time from home to work and vice versa is not considered work hours. This also applies to employees who are exempt from the FLSA. However, commuting time may be considered work hours if the employee is required to perform substantial work, such as driving a government vehicle, under the direction of their agency.
In the context of travel, FLSA-covered employees' time spent traveling is considered work hours if it occurs during regular working hours or if they are required to work during travel. This includes traveling as a passenger on a 1-day assignment or an overnight assignment away from the official duty station during regular working hours.
Time spent traveling to and from an airport within an employee's official duty station is generally considered commuting time and is not counted as work hours. This is true even if the travel occurs outside of regular working hours. However, if an employee is required to travel directly between home and a temporary duty location outside their official duty station, the time spent on normal commuting must be deducted from any hours of work outside the regularly scheduled workweek.
While time spent at an airport waiting for a connecting flight is usually considered creditable time in a travel status, each agency has the discretion to determine what constitutes "usual waiting time." If an employee experiences an unusually long wait outside of their regular working hours, this extended waiting time is generally not considered creditable time, as they are free to use the time for their own purposes.
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Time spent travelling to/from the airport outside of an employee's official duty station is counted as work hours
Whether or not time spent travelling to and from an airport is counted as work hours depends on several factors, including the nature of the employee's work, the location of travel, and whether the travel occurs during regular working hours.
For Fair Labor Standards Act (FLSA)-covered employees, time spent travelling is counted as work hours if the employee is required to travel during regular working hours, is required to work while travelling, or is required to travel as a passenger on a one-day or overnight assignment away from their official duty station. For example, if an employee travels directly from their worksite to an airport outside of their official duty station to attend an out-of-town meeting, the travel time between the worksite and the airport is counted as time in a travel status.
However, if an employee travels to an airport within the limits of their official duty station, this is generally considered equivalent to commuting time and is not counted as work hours. This is true even if the travel occurs outside of regular working hours.
Additionally, time spent at an airport waiting for a connecting flight is considered creditable time in a travel status. If an employee experiences an unusually long wait outside of their regular working hours, this extended waiting time is not considered creditable time, as the employee is free to use the time for their own purposes.
It is important to note that the rules regarding travel time and compensation vary depending on the specific circumstances and the governing regulations, such as FLSA or title 5 rules.
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Time spent at an airport waiting for a connecting flight is counted as work hours
There are differing opinions on whether time spent at an airport waiting for a connecting flight should be counted as work hours. While some argue that travel time during normal work hours should be considered compensable work time, others suggest that "home to work" and "work to home" travel time, even if longer than usual, is not typically considered work time.
According to the U.S. Department of Commerce, time spent in travel status includes the scheduled time of departure from the common carrier terminal until arrival at the destination terminal. In cases where employees spend an hour or more travelling between the carrier terminal and their place of business or residence, the entire travel time, including waiting time at terminals, is considered work time eligible for premium pay. This waiting time is usually limited to 3 hours and applies to adverse circumstances like holiday air traffic or severe weather.
Additionally, the U.S. Department of Labor's Fair Labor Standards Act (FLSA) states that time spent travelling during normal work hours is considered compensable work time. However, this does not include home-to-work travel, even if the employee uses an employer-provided vehicle, unless the travel is within the normal commuting area and agreed upon between the employer and employee.
On the other hand, some sources suggest that management can avoid paying employees for travel time by requiring them to be at the work site or conference site on time. This approach treats travel time as non-work time, regardless of the length of the commute or the mode of transportation used.
It's important to note that there may be exceptions and variations depending on specific state regulations and the nature of the employment. For example, an employee who is required to remain on-call on the employer's premises is considered working, whereas being on-call at home may not be considered work time. Similarly, time spent writing a report on a plane to or from work would be considered work time, as it is considered a work activity.
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Time spent travelling to/from an airport during normal work hours is counted as compensable work time
For employees covered by the Fair Labor Standards Act (FLSA), travel time is considered hours of work if the employee is required to travel during regular working hours. This includes situations where the employee is travelling as a passenger on a one-day assignment away from their official duty station or is required to work during travel, such as by driving a government vehicle.
In the context of airport travel, if an employee travels between a worksite and an airport during normal work hours, this travel time is generally considered creditable as time in a travel status. This means that if an employee travels from their regular worksite to an airport during work hours to attend an out-of-town meeting, the time spent travelling to the airport is counted as part of their work time.
However, it is important to note that the rules regarding compensable time for airport travel can vary depending on the circumstances. For example, if an employee travels to an airport within the limits of their official duty station outside of their regular working hours, this travel time is typically considered equivalent to commuting time and is not creditable as time in a travel status.
Additionally, the time spent at an airport waiting for a connecting flight during regular working hours is generally considered creditable time in a travel status. On the other hand, if an employee experiences an unusually long wait outside of regular working hours, this extended waiting time is not considered creditable time, as the employee is free to use the time for their own purposes.
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Time spent travelling to/from an airport outside of regular work hours is not counted as work hours
Time spent travelling to and from an airport outside of regular work hours is generally not counted as work hours. This is because such travel is typically considered equivalent to normal commuting time, which is not considered work time for both FLSA-covered and exempt employees.
However, there are certain circumstances where travel time may be counted as work hours. For FLSA-covered employees, travel time is considered work time if the employee is required to travel during regular working hours, work while travelling (e.g. by driving a government vehicle), or travel as a passenger on a one-day or overnight assignment away from their official duty station during their regular working hours.
Additionally, if an employee is required to travel directly between home and a temporary duty location outside their official duty station, any time spent travelling outside of regular work hours must be deducted from the hours of work that may be credited for the travel time.
It is important to note that the rules regarding travel time and compensation can vary depending on the specific circumstances and the employee's coverage under the Fair Labor Standards Act (FLSA). For example, time spent at an airport waiting for a connecting flight during regular working hours is generally considered creditable time in a travel status, while an extended waiting period outside of regular working hours is not.
In summary, while time spent travelling to and from an airport outside of regular work hours is typically not counted as work hours, there are exceptions to this rule, and the determination of whether travel time is compensable can depend on various factors, including the nature of the travel, the employee's regular work hours, and the requirements of their specific job or employer.
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Frequently asked questions
Time spent at the airport counts as work hours only if the employee is performing work activities during that time. Normal commuting time is generally not considered work hours.
If an employee is required to travel directly between home and a temporary duty location outside their official duty station, the time spent travelling during normal work hours is considered compensable work time.
Commuting time may be considered work hours if the employee is required to perform substantial work under the direction of their employer. This includes driving a government vehicle or performing work that is integral to their principal job activities.
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