Legal Question in Business Law in California

We have a company in CA. We need a travel employee to drive our equipment around all over the country! Are there any laws that would prevent us from giving this employee two days off a week, but it would be at various points across the country. (Are we required to offer any additional compensation because the employee is away from his home while taking his days off)


Asked on 3/14/11, 10:29 pm

1 Answer from Attorneys

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

Giving you a fully-researched and reliable answer would probably entail a multi-state survey of statutes and rules. There is also the question of where you owe payroll taxes under state law. I believe the railroad industry apportions crew wages between states for tax purposes. However, if you have one employee and a small business, I'd say you are reasonably safe in negotiating the work rules, time off, etc. with the employee and then doing payroll based on the rules of the state where he or she resides. A contract with the involved individual which was bilaterally developed and makes both parties happy is a pretty fair safety device. Obviously, you'll be well above minimum wage. Ask a trucker about maximum on-duty and minimum rest rules.

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Answered on 3/20/11, 12:05 am


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