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Travel time between shifts Wisconsin

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  • Travel time between shifts Wisconsin

    We employ caregivers who travel from house to house to care for people. I understand that travel time between houses for consecutive shifts gets paid. However, if their shift ends at 1p, for example, and they are not scheduled again at another house until 1:30p or 2p, does that time in between need to be paid?
    Someone had told me that if there was an hour or less gap between scheduled shifts, that time needed to be paid, as it was considered travel time. Is that the case? I've been trying to wade through FLSA 29 CFR 785, I admit I'm getting lost in the language.

  • #2
    Forget the federal law on this. Wisconsin's requirements for paying for travel time are more generous, therefore WI statutes prevail. I suspect this will all be considered compensatory time as in between jobs, they are either traveling (which must be paid) or "waiting to be engaged" however your situation is unique enough that you should get an expert opinion. You don't want the DOL showing up to do a payroll audit after somebody complains.

    Contact Wisconsin's Department of Workforce Development and see what they advise. The phone number of the Labor Standards Division in Madison is 608-266-3131. If you still can't get a definitive answer, then it would be work a couple of hundred dollars to consult with an employment law attorney. Determining how to handle this correctly now could save you thousands of dollars down the road.