Travel that keeps an employee away from home overnight is travel away from home. Travel away from home is clearly worktime when it cuts across the employee's workday. The employee is simply substituting travel for other duties. The time is not only hours worked on regular working days during normal working hours but also during the corresponding hours on nonworking days. Thus, if an employee regularly works from 9 a.m. to 5 p.m. from Monday through Friday the travel time during these hours is worktime on Saturday and Sunday as well as on the other days. Regular meal period time is not counted. As an enforcement policy the Divisions will not consider as worktime that time spent in travel away from home outside of regular working hours as a passenger on an airplane, train, boat, bus, or automobile.
Notes of Decisions
Rafael Espinoza v. Atlas R.R. Constr. LL, 657 F. App'x 101 (3rd Cir. 2016).
· cites it 8× “6 Espinoza argues 29 C.F.R. § 785.39 . The FLSA’s travel regulation was promulgated to effectuate the Portal to Portal Act.”
James Walters v. Prof'l Labor Grp., LLC, 120 F.4th 546 (7th Cir. 2024).
· cites it 15× “Accordingly, Walters filed suit against PLG on behalf of himself and similarly situated employees, alleging their travel time was compensable under 29 C.F.R. § 785.39 and should have counted as hours worked toward overtime.”
Corrigan v. United States, 70 Fed. Cl. 665 (Fed. Cl. 2006).
· cites it 3× “, 29 C.F.R. § 785.39 (2005) (regulating the availability of overtime pay for travel).”
Pietrzycki v. Heights Tower Serv., Inc., 290 F. Supp. 3d 822 (E.D. Ill. 2017).
· cites it 2× “Plaintiffs cited 29 C.F.R. § 785.39 , which states that "[t]ravel that keeps an employee away from home" and "cuts across the employee's workday" is worktime.”
Mendez v. Radec Corp., 232 F.R.D. 78 (W.D.N.Y. 2005).
· cites it 2× “That regulation, 29 C. F.R. § 785.39, provides in pertinent part: Travel away from home community.”
Little v. Technical Specialty Prods., LLC, 940 F. Supp. 2d 460 (E.D. Tex. 2013).
“29 C.F.R. § 785.39 Plaintiff contends that nearly all of his travel time is travel away from home because it kept him away from home overnight, and the travel cut across his workday.”
Ahle v. Veracity Rsch. Co., 738 F. Supp. 2d 896 (D. Minnesota 2010).
“29 C.F.R. § 785.39 . Veracity contends that investigators’ normal working hours, though they varied from investigation to investigation, are morning to afternoon.”
Troutt v. Stavola Bros., Inc., 905 F. Supp. 295 (M.D.N.C. 1995).
· cites it 2× “29 C.F.R. § 785.39 (1994). Under this regulation, Plaintiff is not entitled to compensation for travel time outside of normal working hours on race weekends where he stayed overnight at the race site.”
Dean v. Akal Sec., 3 F.4th 137 (5th Cir. 2021).
“29 C.F.R. § 785.39 . Salient, but of contested application, is a regulation that Akal argues is directly on point because it discusses meal periods on airplanes.”
Imada v. City of Hercules, 138 F.3d 1294 (9th Cir. 1998).
· cites it 2× “See 29 C.F.R. § 785.39 (1997). I. Background The California Peace Officers Standards and Training Commission (POST) requires all state law enforcement officers to attend a minimum of twenty-four hours of POST-approved training every two years.”
Stephen Abell v. Sky Bridge Resources (6th Cir. 2017).
· cites it 11× “Relying on 29 C.F.R. § 785.39 , which provides that “[t]ravel away from home is clearly worktime when it cuts across the employee’s workday,” the district court dismissed Plaintiffs’ claims for “compensation for travel time outside regular working hours .”
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