If an employer sends an employee to training are they required to pay for travel time

I was required to go to training in Denver which is 55 miles from my normal work station is my employer required to pay travel time.

2 answers  |  asked Jan 10, 2015 08:51 AM [EST]  |  applies to Colorado

Answers (2)

Adam Kielich
With mandatory training you are likely owed wages for the training and travel time to the training. Under the FLSA you likely are owed wages for the travel time if the travel time was irregular from your normal work commute time or you live in Denver and the travel time was minimal. State wage law may set a more generous standard for travel time. (See https://denverlaborlaw.com/colorado-employment-law/unpaid-wage-lawyer-denver/ for more information.)

Additionally, if you work under an individual or collective employment contract then the contract may include provisions discussing work hours and may provide additional remedies.

posted by Adam Kielich  |  Aug 25, 2018 1:04 PM [EST]
Michael Fortney
The FLSA requires that any hours worked by an employee must be paid to the employee by the employer. Your question asks whether attendance at training sessions and travel time to those training sessions are considered working time.

Employers must treat attendance at training sessions as working time unless the following four criteria are met:

1. Attendance is outside the employee’s regular working hours;
2. Attendance is voluntary;
3. The training program is not directly related to the employee’s job; and
4. The employee does not perform any productive work while in attendance.

Additionally, employers must treat travel time for a special one-day assignment, such as attendance at a training session, as working time. The only caveat with this is that the employee’s typical travel from home to work still does not count as working time. This means if you live in Pueblo, but you work in Colorado Springs, and you have to go to Denver for a day, only the time spent traveling between your employer in Colorado Springs and the training session in Denver would be considered working time.

Since you were required to attend the training session, the training was involuntary and you must be paid for it. Additionally, you are likely owed some compensation for the time spent on your 55 mile journey to Denver to attend the training session, unless of course you live in Denver and didn't spend any time commuting there.

posted by Michael Fortney  |  Jan 15, 2015 2:48 PM [EST]

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