Legal Question in Construction Law in California

If an employee works in California and Washington in one week, are the washington hours caliculated the same as californias?


Asked on 3/22/12, 10:31 am

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

First, it may be difficult to get an "official" answer for this question, since it seemingly would require a California-licensed and a Washington-licensed attorney to compare notes. However, I think some basic statements can be made that should cover the situation adequately for most employers. Simply put, the employer and the employee will have to agree, based on time cards or other evidence, how many hours the employee worked in each state. If the employee drove through Oregon on his way, and was on company time, maybe some hours would have to be allocated to Oregon too! In any case, each hour worked has to be allocated, applied and reported to the state in question, as accurately as reasonably possible. There really isn't any calculation involved - just a matter of where the heck was the guy between, say, 8 a.m. and 9 a.m. on Tuesday? Agree with the employee how many of the 40 (or more) hours he's being paid for should be allocated to each state, and report to each accordingly. What's most important are (1) that the employer and employee records be in agreement, and (2) all paid time needs to be reported to some state.

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Answered on 3/22/12, 12:06 pm


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