Do I have to pay caregivers for driving time between clients?
Yes, when a caregiver drives from one client to the next for the same employer, that time is work time under the federal home care rule that took effect in 2015. Commuting from home to the first client is generally treated differently. Confirm with the Department of Labor or an employment lawyer.
The Department of Labor’s 2013 home care rule says workers must be paid for time spent traveling between consumers for the same employer. The rule took effect January 1, 2015.
Why owners get tripped up:
- Medicaid pays you for the visit. It does not always pay a separate amount for the drive. Your caregiver’s wages do not depend on how Medicaid pays you.
- Travel time counts toward the 40 hours that trigger overtime.
- EVV records the start and end of each visit, not the drive. So you need a second way to track travel between visits.
A simple way to handle it:
- Put every visit on the schedule with its start and end time.
- Count the gap between two back-to-back visits as paid time, unless the caregiver is completely relieved of duty and free to use the time as they like.
- Add that time to the weekly total before you check overtime.
The rules about when a gap counts as free time and how to treat the first and last trip of the day are detailed. This guide did not rely on the Department of Labor’s hours-worked guidance, so ask the Wage and Hour Division or an employment lawyer before you set a policy.
Sources
- Application of the Fair Labor Standards Act to Domestic Service; Final Rule (Federal Register, Oct 1, 2013) · U.S. Department of Labor (Federal Register)
- Home Care: Information for Agencies · U.S. Department of Labor, Wage and Hour Division
Reviewed by Beth Bledsoe, Care Business Advisor®, 28 Oct 2026. Rules change. Confirm with your state Medicaid agency before you act.
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