Glossary · Pay rules
Portal-to-Portal Act
The Portal-to-Portal Act is a 1947 federal law that says employers need not pay minimum wage or overtime for the ordinary trip to and from the place where the employee does their principal work, or for activities before or after the workday. It does not remove pay for travel that is part of the job.
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This is general information, not legal advice. Laws differ by state and change over time. Check the primary sources below and talk to an employment lawyer about your situation.
What does the Portal-to-Portal Act say?
The Act says an employer is not liable under the federal wage laws for not paying minimum wage or overtime for two kinds of time: walking, riding or traveling to and from the actual place where the employee performs their principal activities, and activities that come before the workday starts or after it ends.
There is an exception. The relief does not apply to time that is compensable under an express contract, or under a custom or practice at the workplace. A crew that has always been paid for the drive from the shop can keep a claim to it.
The Act is codified at 29 U.S.C. 254, and the Department of Labor's regulations at 29 CFR Part 785 apply it to real situations.
How does the Act apply to a crew that moves between jobsites?
The Act protects the ordinary commute and leaves travel inside the workday alone. The federal regulation states that normal travel from home to work is not worktime, and that travel from job site to job site during the workday must be counted as hours worked.
| Situation | Federal treatment |
|---|---|
| Home to the first jobsite on an ordinary day | Not hours worked |
| First jobsite to second jobsite | Hours worked |
| Ordinary trip home at the end of the day | Not hours worked |
What does the Act not decide?
The Act does not set the pay rate, does not cover state wage law and does not stop a contract from paying for more. Union agreements often pay travel or a zone rate, and company policy can too. Whether a particular trip is work is a facts question, so check with counsel on a close call.
For the field term for paid driving, see windshield time.
Frequently asked questions
Does the Portal-to-Portal Act mean travel is never paid?
Can an employer still choose to pay for commute time?
Does the Portal-to-Portal Act apply in every state?
Sources
- 1.29 U.S.C. 254, Relief from liability and punishment for failure to pay minimum wage or overtime · Legal Information Institute, Cornell Law School
- 2.29 CFR 785.35, Home to work; ordinary situation · Electronic Code of Federal Regulations
- 3.29 CFR 785.38, Travel that is all in the day's work · Electronic Code of Federal Regulations
