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Under the FLSA, when must nonexempt employees be paid for travel time?

The Fair Labor Standards Act (FLSA) regulations require employers to pay for travel time in some circumstances. Generally, time spent traveling is compensable, unless it is normal home-to-work commute time, or when travel requires an overnight stay and the time spent traveling as a passenger falls outside of the employee's normal work hours.

When pay is required, the time spent traveling is considered hours worked and must be included when determining overtime pay obligations. 

Home-to-work travel. Normal commuting time to an employee's regular worksite is not treated as hours worked under the FLSA.

Home to work on a special one-day assignment in another city . When an employee must travel out of town for work but returns home the same day, all the time spent traveling during the day is compensable, regardless of the employee's regular work hours. However, an employer may deduct the time the employee would have spent commuting to his or her regular work location.

Travel that is all in a day's work. Time spent traveling to and from different worksites during the day is work time and must be paid.

Travel away from home. When travel requires an overnight stay, any time traveling as a passenger that falls within the employee's normal work hours is compensable, regardless of what day of the week the travel takes place. Time spent traveling to an airport terminal or train station is considered commute time and is not treated as hours worked, but the time spent waiting at the terminal until arrival at the destination is compensable when it falls during normal work hours.

For example, if Meg normally works Monday through Friday, 8:30 a.m. to 5 p.m., and she is required to travel by plane on a Sunday for business in another state, her travel time on Sunday between 8:30 a.m. and 5 p.m. is compensable.

So, if Meg arrives at the airport on Sunday at 3 p.m. and at her destination at 8 p.m., the employer is required to pay her only from 3 p.m. to 5 p.m., the hours that correspond with her normally scheduled work hours.

Alternatively, if Meg drives herself or others at the direction of the employer rather than traveling as a passenger, all the time spent driving is compensable work time, regardless of Meg's normal work hours.

Driving at the direction of the employer . When employees are required to drive themselves or others, all driving time is compensable. However, when an employee is traveling to an overnight stay and has the option to use public transportation (i.e., airplane, train, bus, etc.) but chooses to drive his or her own vehicle instead, the employer can either choose to pay for all time spent traveling or pay only the travel time that occurs during normal work hours, regardless of what day of the week the employee travels (CFR 785.40). If an employee volunteers to drive others in his or her own vehicle to the overnight stay, an employee's time could be unpaid for those travel hours outside the normal work hours.

Worked performed while traveling. An employee must be paid for any time he or she is performing work. This includes time spent working during travel as a passenger that would otherwise be non-compensable.

For example, Meg normally works Monday through Friday, 8:30 a.m. to 5 p.m. She arrives at the airport on Sunday at 3 p.m. and at her destination at 8 p.m. Generally, the employer is required to pay her only from 3 p.m. to 5 p.m.; however, if Meg works on a presentation during her flight until 6:30 p.m., her employer would need to pay her from 3 p.m. to 6:30 p.m.

Some states have travel-time laws that are more generous than the federal FLSA.  

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Understanding Travel Time Pay Laws for Non-Exempt Employees

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Federal labor laws have specific parameters set out by the Fair Labor Standards Act (FLSA) when it comes to determining compensable time while traveling. State laws may differ from the federal standards, so it’s important for companies to check in on their local laws as well. When these two sets of laws differ, employers should always choose the more generous of the two options. 

Not sure how to compensate employees for off-site work? We’ve laid each scenario below to simplify and answer all your common questions.

Unpaid: Home-to-Work and Work-to-Home Travel

Employers are not responsible to pay for a worker’s commuting time or mileage if they are traveling to or from their traditional workplace. “Commuting,” in this case, does not count as “traveling” for work. Even if the employee lives a considerable distance from work, their typical commute goes unpaid . The Department of Labor clarifies that this is even true when operating employee-sponsored vehicles.

Paid: Worksite-to-Worksite Travel

The scenario changes when employees are required to travel beyond their commute to perform their duties. Non-exempt employees that work at multiple locations are paid if travel is required during their workday. Paid travel does not include commuting to and from their first worksite from home.

Paid: Same-Day Travel

One-day conferences or meetings outside your city may send employees hitting the road for just a few hours. If you need to send an employee out of the office for the day, this trip and time are compensable. You may, however, exclude the typical time spent traveling to and from work when finalizing their hours. This extra time counts as their typical commute as if they had come to work for a typical day. 

Paid: Overnight Travel

Time spent traveling for work over one or more nights must be paid when they occur during an employee’s normal work hours. This rule stands no matter the day of the week and is always the case if the employee is the driver. This is more complicated, however, if the hours fall outside of the employee’s normal work hours and the employee is the passenger. For example, if any employee rides as a passenger outside their typical work hours — and is not required to work during that time — those hours are not compensable .

Tracking Paid Travel Time

How do you keep travel of travel time pay to ensure you meet the standards of the Fair Labor Standards Act ? The key is ensuring both you and your employees are always on the same page. During your onboarding process, use this time to go over your travel policy specific to non-exempt employees. Distribute a clear travel policy before the trip, including your method for tracking hours and reporting data.

Even when you request that the employee should keep track of their own hours and expenses as they travel, the responsibility ultimately falls to the employer for best recordkeeping. For example, an employee may not realize that they should have counted their overnight trip as compensable hours and failed to submit their timesheet. Just because they did not properly record them does not mean the hours should not be paid. 

Lay down to a process for communicating time worked before the travel takes place. This may come down to using your online time clock system and/or submitting an expense report with receipts upon their return.

Additional Travel Pay

Travel compensation for both exempt and nonexempt employees goes beyond hourly pay in certain scenarios. Workers should never lose money for basic needs or required travel necessities.

Optional: Per Diem

Employers are not required to offset the costs of meals on an employee’s trip, though it is customary to do so whenever possible. Either way, per diem allocations do not replace travel costs and compensable time.

If you do choose to alot a per diem, the standard practice is to provide a specific amount per meal that the employee is traveling. For example:

  • $15 for each breakfast
  • $25 for each lunch
  • $40 for each dinner

Depends: Alternate Travel Pay Rate

You are allowed to offer a different travel pay rate as long as the hourly amount is not below minimum wage. You must also communicate the different rates with your team, preferably at the start of their employment. Be sure your travel policy, including any pay differences, are outlined in writing to avoid confusion.

Necessary: Overtime

If a travel time puts employees over the 40-hour workweek—which is counted as Sunday-Saturday—you are required to comply with overtime laws and pay the additional amount. When federal and state overtime laws vary, employers are obligated to follow the more generous of the two laws just as with travel standards.

Sending employees out for off-site assignments can be a valuable tool for your business. Issues only arise when the employee travel policy remains unclear before travel occurs. Always be sure to review your local and federal labor laws when creating a travel policy with your team. Horizon Payroll Solutions provides HR support and payroll management services to streamline your travel compensation process. 

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DOL Explains When Employees Must Be Paid for Travel Time

Jul 6, 2018

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Eighty years ago the Fair Labor Standards Act (FLSA) established federal minimum wage and overtime requirements for hourly employees. The law’s basic tenet seems straightforward: Employers must pay employees for their “work.” Yet for many employers, compliance with the FLSA on issues such as employee travel time continues to be problematic because the FLSA does not really explain when an employee is at “work.”

The FLSA and Portal-to-Portal Act

The Supreme Court initially explained that “work” time means when an employee’s activities are controlled or required primarily for the benefit of the employer. Congress subsequently added some specifics to the Supreme Court’s expansive definition. The Portal-to-Portal Act, an amendment to the FLSA, provides that employee work time does not include:

(1) Travel to and from the actual place of performance of the principal activity the employee is employed to perform; or

(2) Activities that are undertaken before or after the employee’s principal work activity.

Three Scenarios and DOL’s Opinion Letter FLSA 2018-18

Recently, the U.S. Department of Labor (DOL) issued an opinion letter in response to a company’s questions about travel time pay for a group of hourly employees who repair, inspect and test construction cranes. The employees do not have a fixed work location; they travel to various customer locations each day. They usually work eight to twelve hour days servicing cranes, and generally start work at around 7:00 a.m. Depending on the availability of parts and other factors, the employees may need to stay in a hotel overnight and return in the morning to complete a job. Employees are provided company vehicles that may be used for both work and personal matters.

Three travel time scenarios were considered by the DOL:

(1) Employee travel time from home to the company’s office, using a company vehicle, to obtain a job itinerary and then continue on to various customer locations. Travel time from home to office varies from 15 minutes to an hour, depending on where the employee lives.

(2) Employee travel time from home directly to a customer location; and

(3) Employee travel time by plane on a Sunday from home to an out-of-state destination for a company training that begins at 8:00 a.m. on Monday. The training continues through Friday, with return travel home on Friday after class, or occasionally on Saturday, depending on flight availability.

The first two scenarios involve common commutes to and from work. Under the Portal-to-Portal Act, employees do not need to be paid for time spent commuting between home and work. This generally holds true, even when the employee travels directly from home to different job sites, unless the commute time involved is extraordinary. Once the employee has arrived at the job, however, FLSA regulations require payment for all travel time between job sites during the day. Use of a company-provided vehicle within the normal commuting area typically does not convert the employee’s ordinary commute into compensable work time.

Scenario three implicated how to account for employee travel time away from home, both on the weekend and overnight. Travel away from home is clearly worktime when it cuts across the employee’s usual work day; the employee is simply substituting travel for usual job duties. This also includes travel time on Saturday and Sunday that corresponds to the employee’s normal working hours on other days of the week. The DOL also noted that an employee must be paid for all time the employee is actually required to work while on travel, irrespective of whether or not it falls within the employee’s regular work day.

What Does this Mean to You?

Calculating employee travel time can pose a significant challenge for many employers. There are multiple factors you must take into account, even when an employee is traveling within his home territory. There are no bright lines to establish when an employee has strayed outside his normal commuting area, converting what would have been an unpaid commute into time on the clock. The FLSA requires employers to maintain accurate time records for employees; a failure to do so can result in significant statutory damages and attorneys’ fees.

If you find yourself facing such employee travel circumstances as described here, the employment law attorneys at Bean, Kinney & Korman can assist in evaluating your company’s particular environment and help craft a reasonable solution that will address the situation.

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WAGE AND HOUR DIVISION

UNITED STATES DEPARTMENT OF LABOR

Fact Sheet #22: Hours Worked Under the Fair Labor Standards Act (FLSA)

Revised July 2008

This fact sheet provides general information concerning what constitutes compensable time under the FLSA . The Act requires that employees must receive at least the minimum wage and may not be employed for more than 40 hours in a week without receiving at least one and one-half times their regular rates of pay for the overtime hours. The amount employees should receive cannot be determined without knowing the number of hours worked.

Definition of "Employ"

By statutory definition the term "employ" includes "to suffer or permit to work." The workweek ordinarily includes all time during which an employee is necessarily required to be on the employer's premises, on duty or at a prescribed work place. "Workday", in general, means the period between the time on any particular day when such employee commences his/her "principal activity" and the time on that day at which he/she ceases such principal activity or activities. The workday may therefore be longer than the employee's scheduled shift, hours, tour of duty, or production line time.

Application of Principles

Employees "Suffered or Permitted" to work: Work not requested but suffered or permitted to be performed is work time that must be paid for by the employer. For example, an employee may voluntarily continue to work at the end of the shift to finish an assigned task or to correct errors. The reason is immaterial. The hours are work time and are compensable.

Waiting Time:

Whether waiting time is hours worked under the Act depends upon the particular circumstances. Generally, the facts may show that the employee was engaged to wait (which is work time) or the facts may show that the employee was waiting to be engaged (which is not work time). For example, a secretary who reads a book while waiting for dictation or a fireman who plays checkers while waiting for an alarm is working during such periods of inactivity. These employees have been "engaged to wait."

On-Call Time:

An employee who is required to remain on call on the employer's premises is working while "on call." An employee who is required to remain on call at home, or who is allowed to leave a message where he/she can be reached, is not working (in most cases) while on call. Additional constraints on the employee's freedom could require this time to be compensated.

Rest and Meal Periods:

Rest periods of short duration, usually 20 minutes or less, are common in industry (and promote the efficiency of the employee) and are customarily paid for as working time. These short periods must be counted as hours worked. Unauthorized extensions of authorized work breaks need not be counted as hours worked when the employer has expressly and unambiguously communicated to the employee that the authorized break may only last for a specific length of time, that any extension of the break is contrary to the employer's rules, and any extension of the break will be punished. Bona fide meal periods (typically 30 minutes or more) generally need not be compensated as work time. The employee must be completely relieved from duty for the purpose of eating regular meals. The employee is not relieved if he/she is required to perform any duties, whether active or inactive, while eating.

Sleeping Time and Certain Other Activities:

An employee who is required to be on duty for less than 24 hours is working even though he/she is permitted to sleep or engage in other personal activities when not busy. An employee required to be on duty for 24 hours or more may agree with the employer to exclude from hours worked bona fide regularly scheduled sleeping periods of not more than 8 hours, provided adequate sleeping facilities are furnished by the employer and the employee can usually enjoy an uninterrupted night's sleep. No reduction is permitted unless at least 5 hours of sleep is taken.

Lectures, Meetings and Training Programs:

Attendance at lectures, meetings, training programs and similar activities need not be counted as working time only if four criteria are met, namely: it is outside normal hours, it is voluntary, not job related, and no other work is concurrently performed.

Travel Time:

The principles which apply in determining whether time spent in travel is compensable time depends upon the kind of travel involved.

Home to Work Travel:

An employee who travels from home before the regular workday and returns to his/her home at the end of the workday is engaged in ordinary home to work travel, which is not work time.

Home to Work on a Special One Day Assignment in Another City:

An employee who regularly works at a fixed location in one city is given a special one day assignment in another city and returns home the same day. The time spent in traveling to and returning from the other city is work time, except that the employer may deduct/not count that time the employee would normally spend commuting to the regular work site.

Travel That is All in a Day's Work:

Time spent by an employee in travel as part of their principal activity, such as travel from job site to job site during the workday, is work time and must be counted as hours worked.

Travel Away from Home Community:

Travel that keeps an employee away from home overnight is travel away from home. Travel away from home is clearly work time when it cuts across the employee's workday. The time is not only hours worked on regular working days during normal working hours but also during corresponding hours on nonworking days. 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.

Typical Problems

Problems arise when employers fail to recognize and count certain hours worked as compensable hours. For example, an employee who remains at his/her desk while eating lunch and regularly answers the telephone and refers callers is working. This time must be counted and paid as compensable hours worked because the employee has not been completely relieved from duty.

travel time payment

Where to Obtain Additional Information

For additional information, visit our Wage and Hour Division Website: http://www.dol.gov/agencies/whd and/or call our toll-free information and helpline, available 8 a.m. to 5 p.m. in your time zone, 1-866-4USWAGE (1-866-487-9243).

This publication is for general information and is not to be considered in the same light as official statements of position contained in the regulations.

The contents of this document do not have the force and effect of law and are not meant to bind the public in any way. This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies.

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Track your spending wherever you are Ever wonder where your money goes? We make it easy to keep track. Our online and mobile banking tools let you easily monitor your card transactions. And you can keep tabs on your account activity with TD Alerts

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Philadelphia Phillies

Want to see the phillies play in london this weekend there's still time, aaa says.

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PHILADELPHIA (WPVI) -- The league-leading Philadelphia Phillies just wrapped up a three-game sweep over the Milwaukee Brewers on Wednesday and improved to 44-19 overall as they head overseas for the MLB's London Series.

If you're still looking to travel across the pond, there's still time.

AAA says travel advisors are getting calls for last-minute getaways in London to attend the games against the New York Mets this weekend.

Experts say last-minute travelers can expect to pay between $800 to $1,000 to fly, and hotels are currently available for $100-$300 per night, plus tax and fees.

The games will be held on Saturday and Sunday. Tickets are still available on MLB.com or AAA.com.

What to know about the world tour

Both games will take place at London Stadium within Queen Elizabeth Olympic Park in Stratford, East London, UK.

This is the third time in the past five years the MLB has brought America's pastime to London Stadium.

The Chicago Cubs took on the St. Louis Cardinals in 2023 and the inaugural series featured the New York Yankees and Boston Red Sox in 2019.

FILE - The New York Yankees, left, and the Boston Red Sox lineup for the national anthem before a baseball game in London on June 30, 2019.

Traveling to London Stadium?

There will be no general parking at the stadium. It is recommend that all ticket holders use public transportation. However, there will be limited parking for Blue (disability) Badge holders. Blue Badge parking passes can be purchased through London Stadium's website .

For more questions on what you can bring inside, click here.

What time are the games?

Saturday's game will be held at 1:10 p.m. EST (6:10 p.m. London time) and Sunday's game will start at 10:10 a.m. EST (3 p.m. London time).

What's the forecast in London?

There will be some sun and clouds in the forecast, with a high of 63 degrees on Saturday. It will be mostly sunny on Sunday morning, with a high of 55 degrees.

travel time payment

Trainer's room

Phillies SS Trea Turner will travel with the team to London as he recovers from a strained left hamstring. Turner had started all 30 games this season and was hitting .343 with two homers, 10 doubles, nine RBIs and 10 stolen bases.

Manager Rob Thomson said Turner was "pretty close" to returning near his mid-June target date.

OF Brandon Marsh will not travel to London as he recovers from a mildly strained right hamstring.

Starting pitchers

Ranger Suárez is on track to start Saturday against the Mets after he took a comebacker on his pitching hand in his last start.

Taijuan Walker is expected to start Sunday's game.

Philadelphia Phillies starting pitcher Ranger Suárez works against the Colorado Rockies in the first inning of a baseball game Sunday, May 26, 2024, in Denver.

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Compensatory Time Off for Travel

Fact sheet: compensatory time off for travel, description.

Compensatory time off for travel is earned by an employee for time spent in a travel status away from the employee's official duty station when such time is not otherwise compensable.

Employee Coverage

Compensatory time off for travel may be earned by an "employee" as defined in 5 U.S.C. 5541(2) who is employed in an "Executive agency" as defined in 5 U.S.C. 105, without regard to whether the employee is exempt from or covered by the overtime pay provisions of the Fair Labor Standards Act of 1938, as amended. For example, this includes employees in senior-level (SL) and scientific or professional (ST) positions, but not members of the Senior Executive Service or Senior Foreign Service or Foreign Service officers. Effective April 27, 2008, prevailing rate (wage) employees are covered under the compensatory time off for travel provision. See CPM 2008-04 .)

"Compensable"

Compensatory time off for travel may only be earned for time in a travel status when such time is not otherwise "compensable." Compensable refers to periods of time creditable as hours of work for the purpose of determining a specific pay entitlement. For example, certain travel time may be creditable as hours of work under the overtime pay provisions in 5 CFR 550.112(g) or 551.422. (See fact sheet on hours of work for travel .)

Creditable Travel

To be creditable under this provision, travel must be officially authorized. In other words, travel must be for work purposes and must be approved by an authorized agency official or otherwise authorized under established agency policies.

For the purpose of compensatory time off for travel, time in a travel status includes-

  • Time spent traveling between the official duty station and a temporary duty station;
  • Time spent traveling between two temporary duty stations; and
  • The "usual waiting time" preceding or interrupting such travel (e.g., waiting at an airport or train station prior to departure). The employing agency has the sole and exclusive discretion to determine what is creditable as "usual waiting time." An "extended" waiting period-i.e., an unusually long wait during which the employee is free to rest, sleep, or otherwise use the time for his or her own purposes-is not considered time in a travel status.

Commuting Time

  • Travel outside of regular working hours between an employee's home and a temporary duty station or transportation terminal outside the limits of his or her official duty station is considered creditable travel time. However, the agency must deduct the employee's normal home-to-work/work-to-home commuting time from the creditable travel time.
  • Travel outside of regular working hours between a worksite and a transportation terminal is creditable travel time, and no commuting time offset applies.
  • Travel outside of regular working hours to or from a transportation terminal within the limits of the employee's official duty station is considered equivalent to commuting time and is not creditable travel time.

Crediting and Use

Compensatory time off for travel is credited and used in increments of one-tenth of an hour (6 minutes) or one-quarter of an hour (15 minutes). Employees must comply with their agency's procedures for requesting credit within the time period required by the agency. Employees must also comply with their agency's policies and procedures for scheduling and using earned compensatory time off for travel.

Compensatory time off for travel is forfeited-

  • If not used by the end of the 26th pay period after the pay period during which it was earned. (See Notes 1 and 2.)
  • Upon voluntary transfer to another agency;
  • Upon movement to a noncovered position; or
  • Upon separation from the Federal Government. (See Note 1.)

Under no circumstances may an employee receive payment for unused compensatory time off for travel.

Note 1: See exceptions for uniformed service or an on-the-job injury with entitlement to injury compensation at 5 CFR 550.1407(a)(2) and Question 24 of the Questions and Answers on Compensatory Time Off for Travel (under References below).

Note 2: See exception due to an exigency of the service beyond the employee's control at 5 CFR 550.1407(e) and Question 25 of the Questions and Answers on Compensatory Time Off for Travel (under References below).

Limitations

Compensatory time off for travel may not be considered in applying the biweekly or annual premium pay caps or the aggregate limitation on pay. There is no limitation on the amount of compensatory time off for travel an employee may earn.

  • 5 U.S.C. 5550b
  • 5 CFR 550, subpart N
  • Questions and Answers on Compensatory Time Off for Travel (see Attachment 1 to CPM 2005-03)
  • Examples of creditable travel time (see Attachment 2 to CPM 2005-03)
  • Hours of Work for Travel

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Trump Has Been Convicted. Here’s What Happens Next.

Donald J. Trump has promised to appeal, but he may face limits on his ability to travel and to vote as he campaigns for the White House.

  • Share full article

Donald J. Trump in a dark suit, red tie and white shirt.

By Jesse McKinley and Maggie Astor

  • May 30, 2024

The conviction of former President Donald J. Trump on Thursday is just the latest step in his legal odyssey in New York’s court system. The judge, Juan M. Merchan, set Mr. Trump’s sentencing for July 11, at which point he could be sentenced to as much as four years behind bars, or to probation.

It won’t stop him from running for president, though: There is no legal prohibition on felons doing that . No constitutional provision would stop him even from serving as president from a prison cell, though in practice that would trigger a crisis that courts would almost certainly have to resolve.

His ability to vote — for himself, presumably — depends on whether he is sentenced to prison. Florida, where he is registered, requires felons convicted there to complete their full sentence, including parole or probation, before regaining voting rights. But when Floridians are convicted in another state, Florida defers to the laws of that state, and New York disenfranchises felons only while they are in prison.

travel time payment

The Trump Manhattan Criminal Verdict, Count By Count

Former President Donald J. Trump faced 34 felony charges of falsifying business records, related to the reimbursement of hush money paid to the porn star Stormy Daniels in order to cover up a sex scandal around the 2016 presidential election.

“Because Florida recognizes voting rights restoration in the state of conviction, and because New York’s law states that those with a felony conviction do not lose their right to vote unless they are incarcerated during the election, then Trump will not lose his right to vote in this case unless he is in prison on Election Day,” said Blair Bowie, a lawyer at the Campaign Legal Center, a nonprofit watchdog group.

Mr. Trump will almost certainly appeal his conviction, after months of criticizing the case and attacking the Manhattan district attorney, who brought it, and Justice Merchan, who presided over his trial.

Long before that appeal is heard, however, Mr. Trump will be enmeshed in the gears of the criminal justice system.

A pre-sentencing report makes recommendations based on the defendant’s criminal record — Mr. Trump had none before this case — as well as his personal history and the crime itself. The former president was found guilty of falsifying business records in relation to a $130,000 payment to Stormy Daniels, a porn star who says she had a brief sexual tryst with Mr. Trump in 2006, in order to buy her silence.

At the pre-sentence interview, a psychologist or social worker working for the probation department may also talk to Mr. Trump, during which time the defendant can “try to make a good impression and explain why he or she deserves a lighter punishment,” according to the New York State Unified Court System.

The pre-sentencing report can also include submissions from the defense, and may describe whether “the defendant is in a counseling program or has a steady job.”

In Mr. Trump’s case, of course, he is applying — as it were — for a steady job as president of the United States, a campaign that may be complicated by his new status as a felon. Mr. Trump will likely be required to regularly report to a probation officer, and rules on travel could be imposed.

Mr. Trump was convicted of 34 Class E felonies, New York’s lowest level , each of which carry a potential penalty of up to four years in prison. Probation or home confinement are other possibilities that Justice Merchan can consider.

That said, Justice Merchan has indicated in the past that he takes white-collar crime seriously . If he did impose prison time, he would likely impose the punishment concurrently, meaning that Mr. Trump would serve time on each of the counts he was convicted of simultaneously.

If Mr. Trump were instead sentenced to probation, he could still be jailed if he were later found to have committed additional crimes. Mr. Trump, 77, currently faces three other criminal cases: two federal, dealing with his handling of classified documents and his efforts to overturn the 2020 election , and a state case in Georgia that concerns election interference.

Mr. Trump’s lawyers can file a notice of appeal after sentencing, scheduled for July 11 at 10 a.m. And the judge could stay any punishment during an appeal, something that could delay punishment beyond Election Day.

The proceedings will continue even if he wins: Because it’s a state case, not federal, Mr. Trump would have no power as president to pardon himself .

Jesse McKinley is a Times reporter covering upstate New York, courts and politics. More about Jesse McKinley

Maggie Astor covers politics for The New York Times, focusing on breaking news, policies, campaigns and how underrepresented or marginalized groups are affected by political systems. More about Maggie Astor

Our Coverage of the Trump Hush-Money Trial

Guilty Verdict : Donald Trump was convicted on all 34 counts  of falsifying records to cover up a sex scandal that threatened his bid for the White House in 2016, making him the first American president to be declared a felon .

What Happens Next: Trump’s sentencing hearing on July 11 will trigger a long and winding appeals process , though he has few ways to overturn the decision .

Reactions: Trump’s conviction reverberated quickly across the country  and around the world . Here’s what voters , New Yorkers , Republicans , Trump supporters  and President Biden  had to say.

The Presidential Race : The political fallout of Trump’s conviction is far from certain , but the verdict will test America’s traditions, legal institutions and ability to hold an election under historic partisan tension .

Making the Case: Over six weeks and the testimony of 20 witnesses, the Manhattan district attorney’s office wove a sprawling story  of election interference and falsified business records.

Legal Luck Runs Out: The four criminal cases that threatened Trump’s freedom had been stumbling along, pleasing his advisers. Then his good fortune expired .

Watch CBS News

Is Trump going to prison? What to know about the possible sentence after his conviction

By Kaia Hubbard

Updated on: May 31, 2024 / 6:48 PM EDT / CBS News

Washington — Former President  Donald Trump was found guilty  on all charges in his New York "hush money" trial on Thursday, and the judge overseeing the case will soon venture into uncharted territory to determine whether a former president should be imprisoned for a felony conviction for the first time.

Trump was found guilty of falsifying business records to conceal a $130,000 payment to adult film star Stormy Daniels to buy her silence before the 2016 presidential election. The jury in Manhattan returned its guilty verdict after a trial that stretched six weeks and featured more than 20 witnesses. 

Each of the 34 felony charges carries up to a $5,000 fine and four-year prison sentence. But whether Trump will go to prison is another question — one that's up to the judge at sentencing.

When will Trump be sentenced?

The judge set a July 11 date for sentencing following the jury's verdict on Thursday. 

The timing is in line with similar white-collar felony cases, where sentencing often takes place anywhere from three to eight weeks after conviction, according to Dan Horwitz, a defense lawyer who formerly prosecuted white-collar cases for the Manhattan District Attorney's office.

The sentencing will happen four days before the start of the Republican National Convention.

What to expect from sentencing

The minimum sentence for falsifying business records in the first degree is zero, so Trump could receive probation or conditional discharge, a sentence of no jail or up to four years for each offense. Trump would likely be ordered to serve the prison time concurrently for each count, so up to four years, total. 

"The judge could sentence him to anything between zero and the max," Horwitz said. "So he could sentence him to a period of months in jail, he could sentence him to a period of weeks in jail, he could sentence him to a sentence where he is required, for example, to go to jail every weekend for a period of time and then serve the rest of the sentence on probation."

In an analysis of comparable cases brought by the Manhattan district attorney's office, Norm Eisen, who has written a book about Trump's 2020 election-related federal indictment and served as special counsel in the first impeachment of the former president, found that about 10% resulted in imprisonment. But the circumstances surrounding the case make any across-the-board comparison difficult. 

Trump could also be sentenced to home detention, where he would wear an ankle bracelet and be monitored rather than going to jail. Horwitz suggested that a home detention sentence, which walks a middle ground between no punishment and a stint in state prison, might be the most likely outcome. It would also satisfy Trump's unusual security and political situation. 

A home detention sentence would also make it possible for Trump to continue campaigning — albeit virtually — with the ability to hold news conferences and remain active on social media. Throughout the trial, Justice Juan Merchan stressed the importance of allowing Trump the ability to campaign and exercise his First Amendment rights as he seeks another term in the White House . But it's just part of the equation that the judge must weigh in his decision. 

In an interview on CNN after the verdict, Trump attorney Todd Blanche was asked if he expected prosecutors to seek jail time. "I have no idea," Blanche replied. "Look, there's there's a system in place that that where you rely on precedent, and somebody like President Trump should never, never face a jail sentence based on this conduct."

What will the judge consider in Trump's sentencing?

There are a number of factors that the court can take into consideration for sentencing, including the nature and extent of the conduct, who was hurt, whether there are victims, and acceptance of responsibility, Horwitz said. Trump has repeatedly denied any guilt in the case.

"Courts will credit a defendant who pleads guilty by accepting responsibility for their conduct, as opposed to not accepting responsibility going into trial and getting convicted," Horwitz added, saying that "the sentence after a trial because you didn't accept responsibility is more stringent than it would have otherwise been."

A defendant's conduct during the trial may also play a role, so Trump's repeated violation of Merchan's gag order may be a significant factor in his sentencing. During the trial, Trump was accused over a dozen times of violating a gag order preventing him from making public comments about likely witnesses, jurors, attorneys and court staff involved in the case. 

Trump's sentencing may also be complicated by the lifetime Secret Service protection that he's afforded as a former president. The issue came up during the trial, when the judge held Trump in contempt for violating a gag order . Though Trump faced multiple fines, the judge expressed that jailing Trump was "the last thing I want to do" because it would have disrupted the trial and presented challenges for the Secret Service agents tasked with protecting the former president. 

"Today's outcome has no bearing on the manner in which the United States Secret Service carries out its protective mission," the Secret Service said in a statement provided to CBS News following the verdict. "Our security measures will proceed unchanged."  

Trump's imprisonment would likely need to include a rotation of Secret Service officers, and he would need to be isolated from other inmates. The former president's food and personal items would likely need to be screened for his protection, among other logistical considerations. 

"For all settings around the world, we study locations and develop comprehensive and layered protective models that incorporate state of the art technology, protective intelligence and advanced security tactics to safeguard our protectees," Anthony Guglielmi, the Secret Service's chief of communications, said before the verdict. 

No U.S. prison has ever previously had to deal with the possible imprisonment of a former president. Horwitz said there are mechanisms for inmates in protective custody at state correctional facilities and jails, but how the process would actually work remains to be seen. 

After Trump's conviction on Thursday, the Secret Service said in a new statement that "today's outcome has no bearing on the manner in which the United States Secret Service carries out its protective mission. Our security measures will proceed unchanged." 

Where could Trump be imprisoned?

Should Trump be sentenced to a period of home detention, the former president could carry out the sentence outside of New York, for instance, at his Mar-a-Lago estate in Florida, where New York state would coordinate with Florida's probation department, which would monitor Trump's confinement, Horwitz said. 

In the event that Trump is sentenced to jail time, the location would depend on the duration of his sentence.

If Trump faces more than one year in jail, New York law requires that his sentence be served in a New York penal facility. But if his sentence is shorter than a year, it would be served in a New York City correctional facility, such as Rikers Island. 

What comes next? 

Trump could seek to stay the execution of any sentence pending appeal, meaning that he wouldn't have to start serving the sentence until an appeals court makes a decision, which is not uncommon in white collar cases in New York federal courts, Horwitz said. The move could delay any jail time until the election — or even beyond.

In any case, though possible imprisonment raises some hurdles for Trump's presidential campaign, his conviction does not restrict him from continuing to run — even if he's behind bars.

Olivia Rinaldi and Jake Rosen contributed reporting.

  • Donald Trump

Kaia Hubbard is a politics reporter for CBS News Digital, based in Washington, D.C.

More from CBS News

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Trump's New York conviction extends losing streak with jurors to 0-42

Donald Trump was convicted on felony charges. Will he go to prison?

A New York jury's historic conviction of Donald Trump on felony charges means his fate is now in the hands of the judge he has repeatedly ripped as "corrupt" and "incompetent."

Two experts told NBC News that it's unlikely Trump will be imprisoned based on his age, lack of a criminal record and other factors — and an analysis of thousands of cases found that very few people charged with the same crime receive jail time. But a third expert told NBC News he believes it is "substantially" likely Trump could end up behind bars.

Trump was convicted on 34 counts of falsifying business records , a class E felony that is punishable by a fine, probation or up to four years in prison per count. During the trial, Judge Juan Merchan threatened to put Trump behind bars for violating his gag order, but it’s unclear whether the former president will face similar consequences now. It's expected that any sentence would be imposed concurrently, instead of consecutively.

Former federal prosecutor Chuck Rosenberg, an NBC News analyst, said it's unlikely that Merchan would sentence Trump, 77, to any jail time, given his age and his status as a first-time, nonviolent offender. "I’d be very surprised if there's any sentence of incarceration at all," Rosenberg said. “Of course, he did spend a good bit of time insulting the judge who has the authority to incarcerate him.”

The next step for Trump at this point is his sentencing, which is set for July 11. Manhattan District Attorney Alvin Bragg would not comment Thursday on what type of sentence he’d seek, saying his office would do its speaking in court papers in the weeks ahead.

Arthur Aidala, a former prosecutor in the Brooklyn district attorney's office who's now a defense lawyer, said the judge will most likely use some of the time before sentencing to research similar cases to determine what the median sentence is.

"He wants to know before he sentences someone what the typical sentence is," Aidala said, and would consider other factors, like Trump's age and lack of a criminal record, while also taking into account the lack of injury caused by the crime. Aidala said he believes whatever punishment Merchan comes up with would be "a non-jail disposition."

An analysis conducted by Norm Eisen, who worked for House Democrats during Trump’s first impeachment, found that roughly 1 in 10 people who have been convicted of falsifying business records are imprisoned and that those cases typically involved other crimes.

Ron Kuby, a veteran New York criminal defense lawyer, took a different view.

“Judge Merchan is known for being a harsh sentencer when it comes to white-collar crimes committed by people who have wealth and privilege and power,” he said.

Kuby added he believes "it is substantially likely Judge Merchan will sentence Trump to jail or prison time," despite the logistical and practical complications that locking up a person with Secret Service protection would entail.

Kuby said that's because the criminal scheme went on for over a year and included a number of bad acts on Trump's part.

“It’s an entire course of conduct he was involved with — not just one bad decision,” he said.

Trump, however, most likely doesn't have to worry about missing the Republican National Convention, where he's expected to accept the party's nomination, even though it's taking place just days after his sentencing. Kuby said he'd most likely be able to remain free while he appeals the conviction.

Trump's behavior during the trial, including his flouting Merchan's gag order by making comments about witnesses and the jury, isn't likely to be a factor in the sentencing decision, Kuby said. It's also highly unlikely that comments that appeared to be aimed at sidestepping the gag order by Republican officials who attended the trial as Trump's guests will figure into Merchan's reasoning, Kuby added.

"If the judge is smart, he'd stay away from that," Kuby said. "The best way for judges not to get reversed in a sentencing is to stick to the facts and circumstances of the crimes and conviction."

Rosenberg said that despite Trump’s frequent criticisms of Merchan, which he likened to “a batter who’s been yelling at the umpire from before the first pitch,” Merchan appeared to run “a clean and fair trial.”

Rosenberg and Kuby agreed that Trump would appeal the verdict. Kuby said that could delay Trump's serving whatever punishment Merchan doles out for years, even if the appeal is ultimately unsuccessful.

His first appeal will be to the state Appellate Division, a midlevel appeals court, and it will almost certainly not decide the appeal until after the November election, Kuby said. If he loses there, he could then appeal to the state's highest court, the Court of Appeals. A loss there would be followed by a request to the U.S. Supreme Court to hear the case.

If all that fails, Kuby said, he could then try turning to federal court in another attempt to eventually get the case before the Supreme Court.

The appeals process typically takes a long time — Kuby said he had one client who staved off prison time for six years — but there's another potential complicating factor in this case.

"If he becomes president of the United States, he cannot be incarcerated in a state prison" while he's in office, Kuby said, because it could prevent him from fulfilling his constitutional duties. If he lost his appeals, "by the time he leaves office — if he leaves office — he'd be ready to be incarcerated," he said.

travel time payment

Dareh Gregorian is a politics reporter for NBC News.

travel time payment

Adam Reiss is a reporter and producer for NBC and MSNBC.

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COMMENTS

  1. Travel Time

    Time spent traveling during normal work hours is considered compensable work time. Time spent in home-to-work travel by an employee in an employer-provided vehicle, or in activities performed by an employee that are incidental to the use of the vehicle for commuting, generally is not "hours worked" and, therefore, does not have to be paid. This provision applies only if the travel is within ...

  2. Travel Time Under The FLSA

    An employee is entitled to compensation for any time taken for round-trip travel between two cities in one day. As per 29 CFR § 785.37, however, the employer may be able to deduct the employee's regular commuting time from the time spent traveling to the other city. Specifically, the employer may be able to do so if the employee does not ...

  3. Under the FLSA, when must nonexempt employees be paid for travel time?

    Generally, the employer is required to pay her only from 3 p.m. to 5 p.m.; however, if Meg works on a presentation during her flight until 6:30 p.m., her employer would need to pay her from 3 p.m ...

  4. Getting Paid for Travel Time

    Travel time pay refers to compensation provided to employees for time spent traveling for work-related purposes, such as attending meetings, conferences, or training sessions. Whether and how much travel time pay you're entitled to depends on your employer's policies, the terms of any employment contracts, and federal and state labor laws. ...

  5. A Guide to Travel Time Pay Policies

    Travel time pay rates differ between countries and within the different states in the U.S. In some places, travel rates have to be the same as those for regular working hours or at least the minimum wage rates. However, travel rates can also represent a percentage of the standard pay rates.

  6. Why and When to Pay Employees For Travel Time

    Generally, employees should be compensated for all time spent traveling during regular business hours. This is also true for non-working days, as long as they are still on the business trip. However, if an employee is a passenger on a plane, train, or automobile, and the travel is during non-work hours, and the employee is not required to and ...

  7. Travel Time Pay for Hourly Employees (2024 Update)

    Travel time pay refers to the money that employers are required to give their employees for the time they spend traveling to and from customer locations. It doesn't include the regular travel from home to work. In some emergency situations or when the employer asks the employee to do work-related tasks outside of their normal hours, the time ...

  8. Understanding Travel Time Pay Laws for Non-Exempt Employees

    Paid: Overnight Travel. Time spent traveling for work over one or more nights must be paid when they occur during an employee's normal work hours. This rule stands no matter the day of the week and is always the case if the employee is the driver. This is more complicated, however, if the hours fall outside of the employee's normal work ...

  9. Travel Time: Are You Entitled to Be Paid?

    Employees are entitled to pay for time spent traveling during the hours when they regularly work (the period of the day they regularly work), even if they ordinarily work Monday through Friday but travel on the weekend. For example, if Laurie usually works 9 to 5, and leaves the office at 3 p.m. to catch a flight for an overnight business trips ...

  10. Everything You Should Know About Travel Time To Work

    Time spent traveling on a business trip within the hours they regularly work (9 a.m. to 5 p.m., for example) is eligible for travel pay. This includes travel time on weekends. For example, if an employee normally works from 8 a.m. to 4 p.m. and leaves work at 2 p.m. to catch a flight for an overnight business trip, they should be paid for the ...

  11. FLSA Travel Time

    The FLSA and the Portal-to-Portal Act makes clear that employers do not need to pay employees for travel from home to work before the start of the workday or travel from work to home after the workday is over. See 29 CFR § 785.35, US DOL Travel Time Fact Sheet. One exception to this general rule is when an employee's workday has ended and ...

  12. Do I Get Paid For Travel Time?

    Travel Pay for Salaried and Hourly Employees. The question of whether travel time is paid is only relevant to some employees. The Fair Labor Standards Act of 1938 (FLSA) is the federal statute that deals with issues like minimum wage and overtime pay (29 U.S.C. §203). It also establishes standards for when employers must pay employees for ...

  13. DOL Explains When Employees Must Be Paid for Travel Time

    Travel time from home to office varies from 15 minutes to an hour, depending on where the employee lives. (2) Employee travel time from home directly to a customer location; and. (3) Employee travel time by plane on a Sunday from home to an out-of-state destination for a company training that begins at 8:00 a.m. on Monday.

  14. Wage & Hour Issues: Travel Time

    A useful formula for calculating payment for nonexempt employees traveling overnight is to (1) add the total travel and work time, (2) deduct sleep time, (3) deduct time for meals and breaks, and (4) deduct the employee's normal commuting time. The remainder is what you should pay the employee. Tags: HR Issues & Laws. Wage & Hour.

  15. Travel time as hours of work

    When travel outside the normal workweek constitutes hours of work, the following rules will apply in determining the amount of time in a travel status that is deemed hours of work for premium pay: When is an employee in travel status. An employee is in a travel status only for those hours actually traveling between the official duty station and ...

  16. Travel Time

    Travel Time. A worker who travels from home to work 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. Normal travel from home to work and return at the end of the workday is not work time. This is true whether the employee works at a fixed location or at ...

  17. Hours of Work for Travel

    The rules on travel hours of work depend on whether an employee is covered by or exempt from the Fair Labor Standards Act (FLSA). For FLSA-exempt employees, the crediting of travel time as hours of work is governed under title 5 rules-in particular, 5 U.S.C. 5542(b)(2) and 5544(a)(3) and 5 CFR 550.112(g) and (j).

  18. Compensatory Time Off for Travel

    In this example, the employee's compensatory time off for travel entitlement is as follows: Total travel time: 13.5 hours. minus. Travel time within regular working hours: 5.5 hours. Travel to/from airport within limits of official duty station: 2 hours. Compensatory time off for travel: 6 hours.

  19. VA Travel Pay Reimbursement

    File a claim for general health care travel reimbursement online. General health care travel reimbursement covers these expenses for eligible Veterans and caregivers: Regular transportation, such as by car, plane, train, bus, taxi, or light rail. Approved meals and lodging expenses. You can file a claim online through the Beneficiary Travel ...

  20. PDF Travel Time Pay Fact Sheet

    Travel Time Pay. This fact sheet applies to non-exempt/hourly employees, as exempt employees get paid the same each pay period regardless of how much they work and whether they travel. With the exception of travel from home to work and back, most travel time is considered work time. Travel time is counted as work time, and thus overtime may be ...

  21. Compensatory Time Off for Travel

    For availability pay recipients, this means hours of travel are not creditable as time in a travel status for compensatory time off purposes if the hours are (1) compensated by basic pay, (2) regularly scheduled overtime hours creditable under 5 U.S.C. 5542, or (3) "unscheduled duty hours" as described in 5 CFR 550.182(a), (c), and (d).

  22. Fact Sheet #22: Hours Worked Under the Fair Labor Standards Act (FLSA)

    This fact sheet provides general information concerning what constitutes compensable time under the FLSA.The Act requires that employees must receive at least the minimum wage and may not be employed for more than 40 hours in a week without receiving at least one and one-half times their regular rates of pay for the overtime hours. The amount employees should receive cannot be determined ...

  23. International Travel Money Tips From TD Bank

    Other helpful tips for world travelers. Important phone numbers. Save these international numbers for emergencies: Debit card: 1-215-569-0518. Credit cards: 1-706-644-3266. Bring TD along for the trip. Download the TD Mobile Banking App for your smartphone and tablet to track your transactions while you travel.

  24. Average Cost Of Travel Insurance 2024

    The average cost of travel insurance is 5% to 6% of your trip costs, according to Forbes Advisor's analysis of travel insurance rates. For a $5,000 trip, the average travel insurance cost is ...

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    AAA says there's still time to get to the game. Experts say last-minute travelers can expect to pay between $800 to $1000 for flights, and hotels are currently available for $100-$300 per night ...

  26. Compensatory Time Off for Travel

    Compensatory time off for travel may be earned by an "employee" as defined in 5 U.S.C. 5541(2) who is employed in an "Executive agency" as defined in 5 U.S.C. 105, without regard to whether the employee is exempt from or covered by the overtime pay provisions of the Fair Labor Standards Act of 1938, as amended.

  27. Trump says he's 'okay' with serving potential jail time or ...

    Former President Donald Trump said he is "okay" with serving potential jail time or being under house arrest following his historic conviction on 34 felony counts of falsifying business records.

  28. What Happens Now That Trump Has Been Convicted ...

    The former president was found guilty of falsifying business records in relation to a $130,000 payment to Stormy Daniels, a porn star who says she had a brief sexual tryst with Mr. Trump in 2006 ...

  29. Is Trump going to prison? What to know about the possible sentence

    The jury in Manhattan returned its guilty verdict after a trial that stretched six weeks and featured more than 20 witnesses. Each of the 34 felony charges carries up to a $5,000 fine and four ...

  30. Will Trump go to prison after hush money trial verdict?

    Trump was convicted on 34 counts of falsifying business records, a class E felony that is punishable by a fine, probation or up to four years in prison per count. During the trial, Judge Juan ...