No more free flights: Employee travel time now compensable under Washington law

All out-of-town employee travel time is compensable under Washington law, the state court of appeals recently ruled. The decision confirms the Washington State Department of Labor & Industries’ (L&I) interpretation that all work-related travel time is compensable, regardless of when it takes place. Accordingly, all businesses with hourly employees located in the state should become familiar with the changes.

Facts

L&I issued a citation to an employer for wages owed to four employees following a trip to China. Under an agreement with the workers’ union, the employer paid the employees eight hours per day for travel to, from, and within China but didn’t pay them for all their time spent traveling.

The employees filed wage claims with L&I seeking compensation for all their time spent traveling, including travel to and from airports, all time spent at airports, and all time spent in flight. Under L&I’s definition of “hours worked” in WAC 296-126-002(8) and the guidance contained in its nonpublic desk aid, the department issued a citation to the employer for wages owed to the employees from the trip to China, which the employer appealed.

Analysis

The Washington Court of Appeals held out-of-town travel time constitutes “hours worked” under state law for three reasons.