Legal Question in Employment Law in California
Should dispatched technicians be paid for travel time?
I am a computer technician for a company that has all on-call
employees. We simply get called or emailed with a job time and
location, and we drive to do the work on-site. Often, we have to go
into the office to pick up information or parts. We are only paid for
the time we are on site, even if we are required to go into the office.
Normally this doesn't bother me, but for examples like today: I get
a job order call at 10:30 and have to go into the office. I am at the
office from 11:00 to 11:30, then drive to the job site and arrive at
12:00. I repair the problem from 12:00 to 2:30 and then am
required to drive back to the office and get there at 3:00. Only after
I turn on the paperwork at 3:00 am I free to go. Thus, I was working
from 11:00 to 3:00, but I am only paid for the two-and-a-half hours I
was on site. We are given a flat $5 per job for travel expenses, but
I spent 4 hours doing what was required but only paid for 2 hours
and 30 minutes. I drove 60 miles and 90 minutes just to get to the
job that I am not paid for. If we refuse these long-travel jobs, then
we are fired or never given another assignment. Is this right? We
are paid as part-time employees and not contractors.
3 Answers from Attorneys
Re: Should dispatched technicians be paid for travel time?
If you are required to go to the office to get parts and required to return at the end of the job, all of that time is compensable as hours worked. You should consult with an attorney experienced in labor law issues to determine the extent of any possible monies owed to you. If you would like to speak with our office, please feel free to call (800) 447-5549.
Re: Should dispatched technicians be paid for travel time?
I think you have a claim for unpaid time/wages. You get to 'look back' three, maybe four [it isn't agreed upon], in a filing with the Labor Commissioner. You can hire an attorney to help you in the hearings and trial of your claim. You should get the other employees to join together with one attorney to make it easier and cheaper. Contact me to discuss if interested.
Re: Should dispatched technicians be paid for travel time?
I am pretty sure that an employer does not have to pay you to drive to work and then leave home from work. But any driving time in between you must be paid for. The best way for you to handle this is to contact an attorney and have them help you file a complaint with the labor commission.
Under California Labor Code Section 218.5 says that in any action for payment of wages, the prevailing party will get attorney fees. Make sure the attorney you talk to knows this.
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