29 C.F.R. § 785.41
Work performed while traveling
Any work which an employee is required to perform while traveling must, of course, be counted as hours worked. An employee who drives a truck, bus, automobile, boat or airplane, or an employee who is required to ride therein as an assistant or helper, is working while riding, except during bona fide meal periods or when he is permitted to sleep in adequate facilities furnished by the employer.
Notes of Decisions
Cited in 34
cases (10 in the last 5 years), 1993–2025 · leading case: Elliott Gelber v. AKAL Sec., Inc., 14 F.4th 1279 (11th Cir. 2021).
Elliott Gelber v. AKAL Sec., Inc., 14 F.4th 1279 (11th Cir. 2021). “Under 29 C.F.R. § 785.41 , “[a]ny work which an employee is required to perform while traveling must .”
Carlo Llorca v. Sheriff, Collier Cnty., 893 F.3d 1319 (11th Cir. 2018). “See 29 C.F.R. § 785.41 . Here, the record in the light most favorable to the plaintiffs reveals that the defendant sheriffs require that their deputies during their commutes not only keep their radios on and respond to emergencies if called, but also require that the deputies…”
Scott Nance v. May Trucking Co., 685 F. App'x 602 (9th Cir. 2017). “41 (providing that that a truck driver “or an employee who is required to ride therein as an assistant or helper” is “working” while he rides along in the truck, but not “when he is permitted to sleep in adequate facilities furnished by the employer.”
Julian v. Swift Transp. Co., 360 F. Supp. 3d 932 (D. Ariz. 2018). “22 applied to their time in behind-the-wheel training because they were "on duty" for days at a time.”
Singh v. City of New York, 524 F.3d 361 (2d Cir. 2008). “In short, in order for the plaintiffs to prevail under the FLSA, as amended by the Portal-to-Portal Act, they must demonstrate that carrying inspection documents during a commute: (1) constitutes work under the FLSA and (2) is an integral and indispensable part of their…”
Pye v. Oil States Energy Servs., LLC, 233 F. Supp. 3d 541 (W.D. Tex. 2017). “29 C.F.R. § 785.41 . . To be clear, the Court’s consideration of the Portal-to-Portal Act is only in regards to whether plaintiff qualifies as a "covered employee” under the TCA, without maldng any determination regarding an ‘ overtime damages calculation.”
Retrone v. Werner Enter., Inc., 121 F. Supp. 3d 860 (D. Neb. 2015). “22 is not applicable, but rather 29 C.F.R. § 785.41 is the controlling regulation.”
Robert B. Reich v. New York City Transit Auth., 45 F.3d 646 (2d Cir. 1995). “See 29 C.F.R. § 785.41 (“Any work which an employee is required to perform while traveling must, of course, be counted as hours worked.”
Bobo v. United States, 37 Fed. Cl. 690 (Fed. Cl. 1997). “112(g); see also 29 C.F.R. §§ 785.41 , 790.7(d), 790.7(d) n.”
Pietrzycki v. Heights Tower Serv., Inc., 290 F. Supp. 3d 822 (E.D. Ill. 2017). “38 ; 29 C.F.R. § 785.41 . Time spent in certain other types of travel also must be counted as hours worked.”
Richard Chambers v. Sears Roebuck & Co., 428 F. App'x 400 (5th Cir. 2011). “Wait Time and On-Call Time Plaintiffs here contend that even if the actual commute times to and from the first and last service calls of the day are not compensable, they must nonetheless be paid for time traveling in the company van because it is compensable as “wait time” or…”
William Russell Aiken v. City of Memphis, 190 F.3d 753 (6th Cir. 1999). “The effect of these sections is to make ordinary commute time non-compensable under the FLSA.”
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