Legal Question in Employment Law in California
Drive time compensation. We work for a landscape company in Riverside County. We have jobs ranging from south San Diego to Santa Barbara. I recently have been working in North and East Los Angeles County I usually leave from my house and go directly to the job site. The commute in time ranges from 3 hours round trip to 5 hours depending on traffic. I always put in 9 to 10 hours day, sometimes 12, counting the drive time. I drive my car to the job sites. Most of the foremen drive company trucks but leave from home. None of us are being paid drive time. Is this legal? How should we proceed? Owners claim they don't have to pay.
2 Answers from Attorneys
The employer does not have to pay for commute time unless it is between jobs during the work day, unless there is a specific policy agreement to do so. You can decline the job, but risk termination if you do.
Mr. Nelson's answer is consistent with my understanding. I believe there is an exception if the employee has a regular place of employement and occasionally must go to a different location at the start of the work day, in which case there is only compensation if it is farther than the commute to the regular location, and only the difference is compensated.
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