(a) Home-to-work in an ordinary situation.

1. (1) An employee who travels from home before his or her regular workday and returns to his or her home at the end of the workday is engaged in ordinary home-to-work travel which is a normal incident of employment.
2. (2) This is true whether he or she works at a fixed location or at different job sites.
3. (3) Normal travel from home to work is not worktime.

(b) Home-to-work in emergency situations.

1. (1)

   1. (A) There may be instances when travel from home to work is overtime.
   2. (B) For example, if an employee who has gone home after completing his or her day's work is subsequently called out at night to travel a substantial distance to perform an emergency job for one of his or her employer's customers, all time spent on such travel is working time.
2. (2) The Division of Labor is taking no position on whether travel to the job and back home by an employee who receives an emergency call outside of his or her regular hours to report back to his or her regular place of business to do a job is working time.

(c) Home-to-work on special one-day assignment in another city.

1. (1) A problem arises when an employee who regularly works at a fixed location in one (1) city is given a special one-day work assignment in another city.

2. (2)

   1. (A) For example, an employee who works in Washington, D.C., with regular working hours from 9:00 a.m. to 5:00 p.m. may be given a special assignment in New York City, with instructions to leave Washington, D.C. at 8:00 a.m.
   2. (B) He or she arrives in New York at 12 noon, ready for work.
   3. (C) The special assignment is completed at 3:00 p.m., and the employee arrives back in Washington, D.C. at 7:00 p.m.
   4. (D) Such travel cannot be regarded as ordinary home-to-work travel occasioned merely by the fact of employment.
   5. (E) It was performed for the employer's benefit and at his or her special request to meet the needs of the particular and unusual assignment.
   6. (F) It would thus qualify as an integral part of the principal activity which the employee was hired to perform on the workday in question.
   7. (G) It is like travel involved in an emergency call, described in 11 CAR § 11-806(b), or like travel that is all in the day's work (see 11 CAR § 11-806(d)).
   8. (H) All the time involved, however, need not be counted.
   9. (I) Since, except for the special assignment, the employee would have had to report to his or her regular work site, the travel between his or her home and the railroad depot may be deducted, it being in the home-to-work category.
   10. (J) Also, of course, the usual meal time would be deductible.

(d) Travel that is all in the day’s work.

1. (1) Time spent by an employee in travel as part of his or her principal activity, such as travel from job site to job site during the workday, must be counted as hours worked.

2. (2) Where an employee is required to report at a meeting place to receive instructions or to perform other work there, or to pick up and to carry tools, the travel from the designated place to the work place is part of the day's work and must be counted as hours worked regardless of:

   1. (A) Contract;
   2. (B) Custom; or
   3. (C) Practice.
3. (3) If an employee normally finishes his or her work on the premises at 5:00 p.m. and is sent to another job which he or she finishes at 8:00 p.m. and is required to return to his or her employer's premises arriving at 9:00 p.m., all of the time is working time.
4. (4) However, if the employee goes home instead of returning to his or her employer's premises, the travel after 8:00 p.m. is home-to-work travel and is not hours worked.

(e) Travel away from home community.

1. (1) Travel that keeps an employee away from home overnight is travel away from home.
2. (2) Travel away from home is clearly work time when it cuts across the employee's workday.
3. (3) The employee is simply substituting travel for other duties.
4. (4) The time is not only hours worked on regular working days during normal working hours, but also during the corresponding hours on nonworking days.
5. (5) Thus, if an employee regularly works from 9:00 a.m. to 5:00 p.m. from Monday through Friday, the travel time during these hours is work time on Saturday and Sunday as well as on the other days.
6. (6) Regular meal period time is not counted.
7. (7) As an enforcement policy, the division will not consider as work time that time spent in travel away from home outside of regular working hours as a passenger on an airplane, train, boat, bus, or automobile.

(f) When private automobile is used in travel away from home community. If an employee is offered public transportation but requests permission to drive his or her car instead, the employer may count as hours worked either:

1. (1) The time spent driving the car; or
2. (2) The time he or she would have had to count as hours worked during working hours if the employee had used the public conveyance.

(g) Work performed while traveling.

1. (1) Any work which an employee is required to perform while traveling must, of course, be counted as hours worked.
2. (2) An employee who drives a truck, bus, automobile, boat, or airplane, or an employee who is required to ride therein as an assistant or helper, is working while riding, except during bona fide meal periods or when he or she is permitted to sleep in adequate facilities furnished by the employer.