Legal Question in Employment Law in California
commute time
my employer requires that i park in a lot off site during holiday times. they do provide a shuttle from that lot to the work site. it extends the work day by thirity minutes each way. should i be getting my hourly rate for this extension of my working day.
1 Answer from Attorneys
Re: commute time
Possibly. One case holds that if an employee is required to report to the employer's premisis before proceeding to an off premisis work site, all of the time from the moment of reporting until the employee is released to proceed directly to his or her home is time that is subject to the control of the employer and thus constitutes hours worked for pay purposes. While your situation is not identical, you are required to report to one location to park, then wait for the shuttle, them travel to your work site. Since this time all appears to be under the control of the employer, you should be compensated. If this is a temproary change during the holiday, you don't want to make this a job ending claim. A claim to the State Labor Commissioner or the U. S. Dept of Labor may cause them to audit the employer's records for all employees, thus not identifing you as the claimant.