FLSA · Travel away from home · 29 CFR § 785.39
FLSA 785.39 travel away from home
29 CFR § 785.39 (with 29 U.S.C. § 207; WHD Fact Sheet #22): overnight travel away from home is hours worked when it cuts across the regular workday and during corresponding hours on nonworking days; meals are not counted; as an enforcement policy WHD will not count passenger travel outside those hours. Classic $20 × Mon–Fri 09:00–17:00 + Sat corresponding 8h → $1,040 vs wrong-include outside passenger $1,160 vs plant-only $800 vs 785.48 $1,137.50 vs 778.502 $1,188.
How 785.39 pays
Corresponding hours count. Travel that keeps an employee away from home overnight is worktime when it cuts across the employee's workday — the employee is simply substituting travel for other duties. The same clock-face hours count on Saturday and Sunday as on Monday through Friday.
Outside-hours passenger travel does not (enforcement policy). WHD will not count time spent traveling away from home outside regular working hours as a passenger on an airplane, train, boat, bus, or automobile. Regular meal periods are never counted. Any work performed while traveling still counts under § 785.41.
Then FLSA after-40. Plant punches + counted corresponding travel = hours worked. Pay straight time for all counted hours plus an extra half-time for hours over 40. Distinct from /flsa-hours-worked/ (hours gate only) and from 785.48 rounding.
Classic · $20 × Mon–Fri 09:00–17:00 (40h) + Sat corresponding 8h counted + Fri-night outside passenger 4h not counted → 48h → $1,040.
Wrong-include · same facts but count the 4h outside passenger → 52h → $1,160.
Plant-only · exclude corresponding travel → 40h → $800.
Five 10h plant + 8 corresponding → 58h → $1,340.
Four 8h + 8 corresponding → 40h → $800.
Sources
- Cornell LII 29 CFR § 785.39 (HTTP 200)
- eCFR 29 CFR § 785.39 (HTTP 200)
- 29 CFR § 785.39 — GovInfo CFR XML (HTTP 200)
- 29 U.S.C. § 207 (HTTP 200)
- WHD Fact Sheet #22 (HTTP 200)
FAQ
When does overnight travel count as hours worked?
When it cuts across the employee's regular workday, and during the corresponding hours on nonworking days. Meal periods are not counted.
Classic $20 × M–F 9–5 + Sat corresponding 8h?
48 hours worked → extra half-time on 8 OT hours → total $1,040 vs wrong-include outside passenger $1,160 vs plant-only $800.
Does outside-hours passenger travel count?
As an enforcement policy, WHD will not count passenger travel outside regular working hours. Classic 4h outside wrongly included → $1,160 instead of $1,040.
Same as /flsa-hours-worked/?
No. That page is the hours gate without weekly-40 overtime dollars. This page applies § 785.39 and then pays after-40 OT.
Same as ordinary commute (785.35)?
No. Ordinary home-to-work commute is not hours worked. Section 785.39 covers overnight travel away from the home community.