Legal Question in Employment Law in California

I've been employed at my office for 5 years now and am only 10 miles away from home. Recently, we have opened up a new office an additional 25 miles away from my home (equalling 35 miles total, from office to office). On some days, we are working at the office 10 miles away in the mornings (8:30-1:00pm) and then drive on our lunch hour to the office 25 miles away to finish up (2-5pm). Now, my employer states that he will pay us our lunch hour. But, of course he is going to, we are driving back to work on our lunch hour! without lunch! Is this legal? And is he required to pay for mileage? (State of California, btw)


Asked on 3/22/11, 6:52 pm

2 Answers from Attorneys

You have to be relieved of all duties for at least 1/2 hour for lunch if you work 6 hours or more. The employer must pay you for the drive, and then give you 1/2 hour (unpaid) break before or after the drive. He is also required to reimburse you for mileage if he requires you to use your own car.

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Answered on 3/22/11, 7:46 pm
Terry A. Nelson Nelson & Lawless

In addition to Mr. McCormick's comment, if you can't resolve this yourselves informally with this information, then you can file a Claim with the Labor Commissioner for the unpaid compensation due, plus interest and penalties, or you can file a civil lawsuit for those things. You are entitled to hire an attorney and recover your fees if you win. PLUS, if you suffer any discrimination or retaliation for requesting what is due you, such as being fired, demoted, etc., then you could have grounds for a civil case over that. Either way, if you are serious about getting counsel to help you in this, feel free to contact me..

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Answered on 3/23/11, 2:21 pm


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