Legal Question in Employment Law in California
California Labor Law - Construction
I'm an installer for a telecom firm, my boss says that he doesn't have to pay mileage or per diem because he is under exemptions in the labor law for construction companies. I've never heard of this before, nor have I seen it in the DLSE handbook, is there such a thing and can he do that?
1 Answer from Attorneys
Re: California Labor Law - Construction
It is highly unlikely that as an installer you would qualify as an exempt employee. There is no "construction company" exemption. Generally, under the labor code, an employer is responsible for all expenses incurred by the employee in carrying out his employment. Some employers build in mileage rates in the wages but this should be made clear on hiring.
You could file an action with the DLSE for recovery of your mileage (http://www.dir.ca.gov/dlse/Cal-CitiesB.asp) or a class action on behalf of all such employees if there are sufficient numbers of you.
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