Under Nova Scotia law, commuting from your home to your regular workplace is unpaid. However, if your employer requires you to travel between different job sites during your shift, or sends you on a specific work errand, that travel time must be paid as regular wages.
For many workers in Nova Scotia, driving is a major part of the job. Whether you are a home healthcare nurse travelling between patients, a construction worker moving between building sites, or an IT technician visiting different clients, you spend hours on the road. Unfortunately, many employers mistakenly believe that because you are sitting in a vehicle, you are not “working” and therefore do not need to be paid.
This is a direct violation of the Nova Scotia Labour Standards Code. 📍 Whether you are navigating traffic in Halifax, driving between towns in the Annapolis Valley, or crossing the bridge to Dartmouth, compensating employees for travel time is mandatory when the travel is a requirement of the job. If your employer has been docking your pay for time spent driving between sites, you are owed unpaid wages. Here is how to understand the rules and claim your money.
Step-by-Step Process in Nova Scotia
Addressing unpaid travel time can be tricky, as employers often confuse standard commuting with actual work travel. You must gather clear evidence of your driving duties before confronting your boss.
Step 1: Identify Paid vs. Unpaid Travel
You must clearly separate your daily commute from your work travel. 📝 Your morning drive from your house to the office, and your evening drive home, are considered ordinary commuting and are unpaid. However, once you clock in at the main office and are told to drive to a client’s location, that time is fully paid. If you are told to skip the main office and drive directly from home to a distant, temporary job site, the extra time beyond your normal commute should generally be compensated.
Step 2: Log Your Hours and Mileage
Employers often “guess” travel time, which almost always shorts the employee. Start keeping a daily logbook. Write down the exact time you leave site A, the time you arrive at site B, and the total mileage. If you are ever asked to pick up supplies on your way to work, your paid shift legally begins the moment you arrive at the supply store.
Step 3: Discuss the Issue with Management
Bring your logs to your manager or HR department. 🤝 Present the information calmly, referencing the Nova Scotia Labour Standards Code. Many employers genuinely misunderstand the law and will correct their payroll practices once informed. Request back pay for the travel time they have incorrectly deducted over the past months.
Step 4: File a Labour Standards Claim
If your employer refuses to pay you for travel time between job sites, you should file a formal complaint. Submit your claim to the Nova Scotia Labour Standards Division. Provide your detailed travel logs and pay stubs. An officer will investigate, and if your travel was a requirement of your job, they will order the employer to pay your unpaid wages.
Commuting vs. Paid Travel Time
| Travel Scenario | Paid or Unpaid? | Reasoning |
|---|---|---|
| Home to Main Office | Unpaid | Considered a normal daily commute. |
| Office to Job Site A | Paid | You are under the employer’s direction during this time. |
| Job Site A to Job Site B | Paid | Moving between tasks during your scheduled shift is active work. |
| Picking up supplies on the way home | Paid | The time spent at the store and the extra driving time is work. |
How Much Does it Cost in Nova Scotia?
Filing a claim for unpaid travel time is a right that does not cost you any money. 💰
- Government Claims: Filing a complaint with the Labour Standards Division is completely free.
- Mileage Reimbursement: While the law mandates paying your hourly wage for travel time, the law does not strictly force employers to pay for gas or vehicle wear-and-tear unless it pushes your earnings below minimum wage. However, most reputable Nova Scotia employers pay a mileage rate (often around $0.60 to $0.70 CAD per kilometre) based on CRA guidelines.
How Long Does the Process Take?
Do not wait too long to claim your unpaid driving time. 🕖 Under Nova Scotia law, you only have 6 months from the date the wages were supposed to be paid to file a complaint with Labour Standards. If you wait a year to report unpaid travel time, you will permanently lose the right to collect those older wages through the provincial system.
Frequently Asked Questions (FAQ)
Do I get paid if I take the company truck home?
Usually, no. If you are simply driving a company vehicle from the job site directly back to your house at the end of the day, it is considered a commute and is generally unpaid, unless you are actively on call or transporting specific heavy equipment required for the next day.
What if my employer pays a flat travel allowance?
An employer can pay a flat travel allowance, but when divided by the hours you actually spent driving, the amount cannot fall below the Nova Scotia minimum wage. If the flat rate results in you making less than minimum wage for your driving time, it is illegal.
Does travel time count towards overtime?
Yes. Because paid travel time is legally considered “work,” those hours must be added to your total weekly hours. In Nova Scotia, if your total hours (including driving between sites) exceed 48 hours in a week, you are entitled to overtime pay at 1.5 times your regular rate.
What if I am sent to work in a different city?
If you usually work in Halifax but are told to drive to a site in Sydney for the day, the travel time that exceeds your normal daily commute must be paid. Your employer cannot expect you to absorb a 4-hour drive for free.
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