OAR 839-020-0045
Travel Time


Home to work in an ordinary situation: An employee who travels from home before the employee’s regular workday and returns home at the end of the workday is engaged in ordinary home to work travel which is a normal incident of employment, whether the employee works at a fixed location or at different job sites. Normal travel from home to work is not work time.


Home to work in an emergency situation: If an employee has left the employer’s premises or job site after completing the day’s work and is subsequently called out to travel a substantial distance to perform an emergency job, any time spent in excess of time spent in normal home-to-work travel will be considered working time. Call-backs which require only normal home-to-work travel to the employer’s place of business or job site will not be considered working time. For purposes of this section, “substantial distance” means a distance beyond a 30-mile radius of the employer’s place of business.


Travel that is all in a day’s work: Time spent by an employee in travel as part of the employee’s principal activity must be counted as hours worked. 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 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 any contract, custom or practice:


Example: A construction worker who travels from job site to job site during the work day must be compensated for time spent in traveling;


Example: If an employee who normally finishes work on the employer’s premises at 5 p.m. is sent to another job at a different site, finishes that job at 8 p.m. and is then required to return to the employer’s premises arriving at 9 p.m., the employee will be compensated for all time up to 9 p.m. However, if the employee goes home instead of returning to the employer’s premises, the travel time after 8 p.m. is considered normal work to home travel and is not compensable.


Home to work on special one-day assignment to another city: An employee who regularly works at a fixed official work station, if given an assignment to work in another city outside of a 30 mile radius of the official work station where normally employed, and not required to stay over night, must be paid travel time pursuant to section (3) of this rule. This time is considered an integral part of a principal activity.


Travel away from the home community: Travel that keeps an employee away from home overnight is travel away from home. Travel away from home is work time when it cuts across the employee’s workday. The employee is substituting travel for other duties. The time is not only hours worked on regular working days during normal working hours but also during the corresponding hours on non-working days. Time that is spent in travel away from home outside of regular work hours as a passenger on an airplane, train, boat, bus, or automobile is not considered work time.


When a private automobile is used in travel away from the home community: If an employee is offered public transportation but requests permission to drive the employee’s own car instead, the employer may count as hours worked either the time spent driving the car or the time the employee would have had to count as hours worked during working hours if the employee had used the public conveyance.


Work performed while traveling includes any work which an employee is required to perform while traveling and must be counted as hours worked. 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 the employee is permitted to sleep in adequate facilities furnished by the employer.
Notice of Proposed Rule
Definitions Generally
Employees Engaged in Administrative, Executive, Professional, or Outside Sales Work, Defining the Terms
Payment of Minimum Wages — Generally
Determination of Applicable Region and Minimum Wage Rate to be Paid for Work Performed by Employees
Wage Statements to Be Provided to Employees
Bonuses Provided to Workers in Agriculture
Fixed Minimum Hourly Wage Rates Lower than the Minimum Wage Rate
Deductions from the Minimum Wage — Generally
Deductions for Meals, Lodging, Facilities or Other Services
Deductions for Garnishment Processing Fee
Payment of Overtime Wages — Generally
Hours Worked — Generally
Waiting Time
Sleeping Time and Certain Other Activities
Preparatory and Concluding Activities
Lectures, Meetings and Training Programs
Travel Time
Adjusting Grievances, Medical Attention, Civic and Charitable Work and Suggestion Systems
Application of OAR 839-020-0040 to 839-020-0047 to Agricultural Employees
Meal and Rest Periods
Rest Periods for Expression of Milk
Leave for Domestic Workers
Weight Lifting
Other Working Conditions
Homework — Generally
General Recordkeeping Requirements
Special Recordkeeping Circumstances
Records Availability
Posting Requirements
Earned Income Tax Credit Notice to Employees
Relationship of State and Federal Law
Overtime Exemptions Pertaining to Employers Regulated Under the Federal Fair Labor Standards Act
Overtime Exemption for Public Employees
Overtime Exemption for Agricultural Employees
Exemptions from Minimum Wage and Overtime
Authority of Labor Commissioner to Define Terms Relating to Persons Employed by a Public Agency in Fire Protection and Law Enforcement Activities
Exemptions from Overtime Relating to Persons Employed by a Public Agency in Fire Protection and Law Enforcement Activities — Generally
Definitions for Regulations Pertaining to Persons Employed by a Public Agency in Fire Protection and Law Enforcement Activities
Limitation on Nonexempt Work
Public Agency Employees Engaged in Both Fire Protection and Law Enforcement Activities
Effect of Training Time
Application of ORS 653.269(3) to Ambulance and Rescue Service Employees
Other Overtime Exemptions May Apply to Public Employees Engaged in Fire Protection and Law Enforcement Activities
Authority of Labor Commissioner to Define Terms Relating to Executive, Administrative, Supervisory and Professional Employees of a Public Agency
Application of OAR 839-020-0300 to 839-020-0350
Definitions for Exemptions Relating to Executive, Administrative, Supervisory and Professional Employees of a Public Agency
Exception to Salary or Fee Basis
Computer Professionals
Definitions for Maximum Hours of Work in Canneries, Driers and Packing Plants
Determination of the Day
Failure to Establish a Workweek
Employee’s Written Consent to Work up to 60 Hours in a Workweek
Undue Hardship Notices and Employee’s Written Consent
Violations Separate and Distinct
Violations for Which a Civil Penalty May Be Assessed
Criteria for Determining a Civil Penalty
Last Updated

Jun. 8, 2021

Rule 839-020-0045’s source at or​.us