Many employees, such as home health aides, newspaper carriers, and couriers, are required to travel during the course of their workdays. Generally, any non-commute work-related travel time spent during the workday should be paid at the employee’s regular hourly rate. For example, many home health aides, CNA’s and visiting nurses are required to travel from one in-home appointment to the next throughout the workday. The time that these employees spend traveling from location to location should be paid by the employer. Far too often, employers fail to make these required payments resulting in violations of the Massachusetts Wage Act and Massachusetts Overtime statute. Employees should be sure to keep written record of time spent performing non-commute travel time and consider reaching out to employee rights attorney to discuss.
Employees who use their own personal vehicles to perform non-commute work-related travel must also be reimbursed for travel expenses such as mileage and tolls. Massachusetts law makes clear that “an employee required or directed to travel from one place to another after the beginning of or before the close of the workday shall be compensated for all travel time and reimbursed for all travel expenses.” Massachusetts law prohibits employers from making unlawful deductions from an employee’s wage either directly or “by any other means.” Failing to reimburse employees for travel expenses constitutes an indirect deduction from an employee’s wages in violation of the Massachusetts Wage Act. Employers who violate the Wage Act are liable for three times the amount of the employee’s unpaid wages or overtime plus court costs and reasonable attorney’s fees.
Contact our Massachusetts wage and hour attorneys today to schedule a consultation if you have used personal vehicles for work and have not been reimbursed properly.