Travel expense time in Massachusetts

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Travel expense time in Massachusetts

I am an hourly employee at a fixed
location1 mile from my homefor the
past 3 years. I have been asked to
travel to a location 62 miles from my
home for work because my building doesnt
have hours for me. This has increased my
travel time to over an hour in each
direction. My employer will reimburse
for miles but not travel time. Is this
legal?

Asked on July 19, 2017 under Employment Labor Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, it is legal. You have been transferred  to a different location, which your employer may do. An employer does not need to pay an hourly employee for his/her commute--that is, for the time spent traveling to work in the morning (or whenever his/her work starts) or back home at the end of the work day. (And a salaried employee never needs to be paid for travel time.) A 60-mile commute is unfortunate, but is still just considered your commute to work; you are not paid for it. (It could be worse; my wife's current assignment involves an hour-and-a-half to two hour each way daily commute, for which she is not paid.) You are actually lucky they are giving you mileage reimbursement--they are not required to.


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