Employees who work at multiple locations during the same shift may not always realize that travelling between job sites can be considered paid working time. In industries such as construction, healthcare, maintenance, cleaning, field services, and customer support, moving from one workplace to another is often part of the job. However, when employers deduct this travel time from employees’ wages, questions about employment rights and unpaid compensation can arise.
For Ontario employees, the distinction between ordinary commuting and employer-required travel during the working day is particularly important. An employee travelling from home to their regular workplace is generally treated differently from someone who must travel between two assigned job locations to complete their responsibilities.
A recent discussion on Reddit’s LegalBench community highlights this issue. An employee described being assigned to different service locations throughout the day, with a substantial period of travel between appointments going unpaid. The situation raises an important question: Can an employer require employees to travel between job sites without paying them for the time involved?
Understanding Ontario employment standards can help workers recognize potential wage violations, calculate unpaid compensation, and determine what steps they can take to protect their rights.
Understanding the Difference Between Commuting and Work-Related Travel
One of the most common misunderstandings surrounding employee compensation is the assumption that all travel time is unpaid.
In Ontario, this is not necessarily true. The nature and purpose of the journey matter.
Ordinary commuting generally refers to travelling between an employee’s home and their usual workplace. In most circumstances, this time is not considered working time under Ontario employment standards.
However, travelling between work locations during the workday is a different situation. When an employee finishes an assignment at one location and must travel to another location to perform additional duties, that journey may qualify as hours worked.
For example, consider an employee who begins their shift at a downtown office, completes several hours of work, and is then instructed to travel to a suburban location to continue their responsibilities.
The journey is not a personal commute. It is part of the employee’s assigned workday.
This distinction is important because employers should not automatically treat required travel between workplaces as an unpaid personal activity.
A Realistic Example: An Employee Losing Wages While Travelling Between Locations
The Reddit discussion provides a useful example of the financial impact that unpaid travel time can have.
The employee described an employment arrangement involving multiple service locations across the city. Their employment contract specifically referred to assignments at multiple locations and required travel between sites.
The daily schedule was outlined as follows:
- 8:00 AM to 12:00 PM: Working at Site A.
- 12:00 PM to 1:30 PM: Travelling to Site B.
- 1:30 PM to 5:00 PM: Working at Site B.
Despite being required to travel between the two locations, the employee reported that the 1.5-hour journey was not included in their paid working hours.
The employee received compensation for eight hours of on-site work, even though the overall schedule involved 9.5 hours between the beginning of the first assignment and the end of the second.
At an hourly wage of $22, the unpaid travel period represented $33 in potential unpaid wages each working day.
Over five working days, that amount would reach $165 per week.
Over approximately 20 working days, the potential loss would be $660 per month. If the same pattern continued for three months, the employee estimated that 90 hours of travel time would remain uncompensated, representing $1,980 at the stated hourly rate.
These figures illustrate how relatively small daily deductions can become significant over time.
The original discussion can be read here: https://www.reddit.com/r/LegalBench/comments/1wyyof2/employer_requires_travel_between_job_sites_3/
It is worth noting that the detailed schedule in the discussion identifies 1.5 hours of unpaid travel per day, although the post’s headline refers to three hours. The calculations above follow the detailed daily schedule.
What Does Ontario Employment Law Say About Travel Between Workplaces?
Ontario’s Employment Standards Act, 2000 (ESA) establishes minimum employment standards for most employees working in the province.
The rules concerning hours worked are important when assessing whether travel between job locations should be compensated.
Ontario employment standards distinguish between regular commuting and travel undertaken as part of an employee’s work responsibilities.
Generally, time spent travelling during the workday from one workplace to another for work-related purposes must be counted as working time.
This means that an employer cannot simply assume that every period spent outside a physical work location is personal time.
For example, an employee who works at a healthcare facility in the morning and is instructed to visit another facility in the afternoon may have a valid basis for treating the journey between those assignments as working time.
Similarly, technicians, maintenance employees, delivery personnel, and other mobile workers may encounter comparable circumstances.
However, every employment situation must be assessed according to its actual facts. The employee’s role, applicable employment standards, contractual arrangements, industry-specific exemptions, and the nature of the journey can all matter.
It is also important to distinguish between counting travel as hours worked and determining the precise amount of compensation owed. These are related but separate legal questions.
Does an Employment Contract Make Unpaid Travel Legal?
Some employers include clauses in employment contracts stating that employees may be assigned to multiple locations or required to travel as part of their duties.
Such clauses can establish that travelling between workplaces is an expected responsibility.
However, including travel obligations in an employment contract does not automatically remove an employee’s statutory rights.
An employer generally cannot use a contractual provision to avoid minimum employment standards established by Ontario legislation.
For instance, if an employee agrees to work at different locations, that agreement does not automatically mean that time spent travelling between assigned workplaces can be excluded from working hours.
The important question is whether the travel qualifies as work under the applicable employment standards.
Employees should therefore avoid assuming that a contract clause authorizing multiple-location assignments gives an employer unlimited discretion over compensation.
A legal review of the employment agreement, workplace policies, scheduling arrangements, and actual practices may help clarify the situation.
How Much Unpaid Travel Compensation Could an Employee Recover?
The amount potentially recoverable depends on the number of unpaid hours, the applicable wage rate, and the employee’s individual circumstances.
Using the Reddit example, the calculation can be illustrated as follows:
- Daily unpaid travel: 1.5 hours.
- Hourly wage: $22.
- Daily potential unpaid wages: $33.
- Five-day working week: $165.
- Four-week period: $660.
- Three-month period: $1,980.
This example demonstrates why documenting travel time is important.
An employee who has experienced similar deductions for six months or longer may have accumulated a substantial amount of potentially unpaid compensation.
However, the calculation should not automatically be treated as a guaranteed legal recovery. A lawyer would need to examine whether the relevant travel qualifies as working time, whether the employee is covered by the applicable provisions, and whether additional entitlements such as overtime or vacation pay may also be affected.
What Evidence Should Employees Collect?
Documentation can make a considerable difference when investigating a potential unpaid wage claim.
Employees who believe their employer has improperly excluded required travel time should begin preserving relevant employment records.
Some particularly useful documents include:
1. Employment agreements
Keep a copy of the employment contract, especially provisions concerning multiple work locations, travel obligations, scheduling, and compensation.
2. Weekly work schedules
Employer-provided schedules can demonstrate that employees were assigned to different locations on the same day.
3. Timekeeping records
Clock-in and clock-out records may reveal periods when employees were required to travel but were not receiving paid working time.
4. Pay statements
Pay stubs can help establish how many hours were actually compensated and whether the reported working hours match the employee’s schedule.
5. Travel documentation
Keep personal records of departure times, arrival times, locations, and distances travelled. Supporting information such as route histories and appointment records may also be useful.
6. Workplace communications
Emails, text messages, and scheduling instructions can demonstrate that the employer required the employee to travel between locations.
Employees should preserve original records wherever possible rather than relying entirely on reconstructed estimates.
A consistent record of assignments and travel periods can help establish the pattern and quantify the potential financial loss.
Can Unpaid Travel Time Also Affect Overtime Entitlements?
Another important consideration is overtime.
Under Ontario’s general employment standards, eligible employees are generally entitled to overtime pay after working more than 44 hours in a workweek.
If qualifying travel time must be included in hours worked, excluding it from an employer’s calculations could potentially affect an employee’s overtime entitlements.
For example, an employee who records 40 hours of on-site work and an additional eight hours travelling between assigned workplaces may have 48 hours of working time for the purposes of assessing applicable overtime rules.
Whether overtime compensation is actually owed depends on the employee’s classification, applicable exemptions, and the circumstances of the work.
This is particularly relevant for employees who regularly travel between customer locations, construction projects, healthcare facilities, or regional service assignments.
The issue is not necessarily limited to the unpaid travel wages themselves. Incorrectly recorded hours may have consequences for other employment entitlements as well.
What Should Employees Do If Their Employer Refuses to Pay?
Employees who suspect that their employer is improperly withholding travel compensation should approach the issue carefully.
A practical first step is to organize the available evidence and calculate the approximate amount of unpaid time.
Next, employees may consider raising the concern with their employer or human resources department in writing.
A written communication creates a record of the concern and gives the employer an opportunity to explain its position.
However, employees should understand their rights before agreeing to any proposed settlement, revised employment arrangement, or waiver of compensation.
If the employer refuses to address the issue, obtaining legal advice may be appropriate.
Depending on the circumstances, employees may be able to pursue an employment standards complaint or another legal remedy.
Ontario’s employment standards system also includes protections against employers penalizing employees for exercising rights under the ESA.
Because employment claims can involve specific deadlines and procedural requirements, employees should avoid delaying an assessment of their situation.
How HTW Law May Help With Employment-Related Wage Disputes
Understanding employment legislation is not always straightforward, especially when an employee’s regular duties involve travelling between different workplaces.
Determining whether unpaid travel time constitutes a violation may require reviewing the employment contract, work schedules, wage records, and the employer’s actual expectations.
This is where obtaining advice from an employment law professional can be valuable.
HTW Law is an employment law firm whose official website provides information about its employment law services, consultations, wrongful dismissal matters, severance pay, employment contracts, workplace discrimination, and other employment-related legal issues.
Employees seeking guidance about a workplace compensation concern can visit the official website at https://www.htwlaw.ca/ to learn more about the firm’s services and available consultation options.
A legal assessment may help determine whether the employee’s travel arrangements comply with Ontario employment standards and what options may be available if wages have been improperly withheld.
For someone who has experienced repeated unpaid travel deductions, getting clarity about their legal position can be an important first step toward addressing the problem.
Final Thoughts: Travelling for Your Employer Should Not Automatically Mean Losing Wages
Employees should not have to guess whether time spent travelling between assigned workplaces qualifies as paid working time.
There is an important legal distinction between travelling from home to work and travelling from one assigned work location to another during the working day.
The Reddit example demonstrates how an employee can potentially lose hundreds of dollars each month when required travel is excluded from paid hours.
For workers in Ontario, understanding the Employment Standards Act, maintaining accurate records, and seeking appropriate legal advice can help identify possible unpaid wage issues.
Employers also benefit from understanding their obligations. Properly recording working hours and compensating employees according to applicable employment standards can reduce workplace disputes and support fair employment practices.
Ultimately, the key issue is not simply how much time an employee spends driving. It is whether that journey forms part of the work the employer has required them to perform.
When employees are expected to move between job sites to complete their assigned responsibilities, their compensation arrangements deserve careful examination.
Anyone facing a similar situation should consider reviewing their employment documents, preserving evidence of required travel, and obtaining advice about their rights before assuming that unpaid travel time is simply part of the job.
