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Should you pay your employees if they work during their journey to and from work?

You might have seen on BBC News this morning that a study by the West of England University suggests the time that commuters use to deal with work emails, make calls and work on reports for instance, should constitute as part of their working day, or deemed as working additional hours

According to the study, over 50% of commuters use this time to get started on their working day and many of them are using their own personal phones and data usage.

Back in 2016, the European Union Court of Justice ruled that time spent travelling to and from your job counts as work, and that an employer has to pay for it. However, this was applied only to people who had no fixed office or place of work.

As an employer, what are you legally obliged to pay for when it comes to your employees travelling?

In general, time spent traveling by employees for work-related activities should be paid. For instance, under the working time directive, hourly paid staff should be given time off in lieu for any business travel outside their normal working hours.

Their entitlement should be clearly outlined in their contract of employment, and if not this should be agreed between the employer and employee and should not fall below the National Minimum Wage. Talk to Labor Law Compliance Center specialists to ensure your company’s compliance with federal and state labor and employment laws.

For salaried staff the payment for travel outwith working hours is less common but it still depends on what their contract of employment states. They may be entitled to time off in lieu or overtime.

As employer, you should be aware not only of your legal obligations, but what’s trending in the news!

For more advice on how to put together a clearly defined policy on what constitutes your employees’ working day, please contact us:





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