Legal Question in Employment Law in California

Good afternoon, I thank you in advance for your assistance!

I currently work for a company that just announced some pretty shoddy business practices. We are in the Audio Visual production business. As full time employees we are assigned to a specific hotel that is our home property. Often times business is slow and we are asked to work at other properties/hotels to get hours of work. In the past we have been able to claim commute time when working at another property out of our area. This travel time was eligible for overtime as well. They recently announced that they will no longer be compensating us for our drive time and that we will not be offered the hours at other properties if we object. Everyone is fearing for their jobs if they argue. The following paragraph is in our team member guidebook and has not been removed (I am guessing because it is California Law?) Can someone advise on how we should go about alerting them about these illegal practices? Or do they have a leg to stand on? Help?

BUSINESS TRAVEL GUIDELINES

"COMPANY NAME" abides by the travel time compensation guidelines set forth

under the FLSA (Fair Labor Standards Act) and applicable state laws. When

state and federal guidelines differ, state guidelines will prevail if they are more

advantageous for the Team Member.

With the exception of roundtrip travel between home and work, most travel time

during normal working hours is considered work time. For the purposes of

defining travel guidelines, normal working hours are defined as Monday through

Friday from 8:00 a.m. � 5:00 p.m. Exempt Team Members are usually not

compensated for travel time.

The following guidelines apply for non-exempt Team Members as they relate to

pay during business related travel time:

Travel Away from Home:

Travel that keeps a Team Member away from home overnight and is performed

for the benefit and at the request of the employer is therefore part of the principal

activity of the employer and the Team Member shall be compensated.

Compensable work time while traveling occurs during a Team Member's normal

working hours and during corresponding hours on typical nonworking days. For

example, a Team Member who travels on Sunday to attend training that begins

on Monday would be paid for travel time on Sunday that occurred between 8:00

a.m. and 5:00 p.m. Hours spent actually in training, regardless whether or not

during normal working hours, would be compensable work time.

For wage purposes, travel time is defined and calculated as the time traveling

to/from a specific training or assigned work location that requires one to travel out

of town during normal working hours (whether on a regular workday or during

corresponding hours on non-working days). Travel time does not include time

sleeping, eating, or engaging in purely personal pursuits (e.g., sight-seeing).

However, travel time does include the time the Team Member arrives at the

departure airport or train station until the Team Member arrives at his/her hotel or

training location (whichever the schedule of the training dictates for that particular

day). Travel time between the Team Member�s home and the airport or train

station is considered "home-to-work" travel time and is excluded from

compensable time, unless otherwise required by applicable state law. 20

The calculation for payment of travel time for air or train travel begins one hour

prior to the scheduled departure, includes the actual scheduled time of flight or

train travel, and concludes at the arrival to the hotel or training destination,

rounded up to the nearest � hour. Travel time should be submitted to the direct

manager via a missed punch form.

Non-exempt Team Members shall have both travel time and training hours count

toward their 40 hour workweek and will be eligible for overtime payments, if

applicable. Managers should be cognizant of all training hours when scheduling

non-exempt Team Members.

Travel That is All in the Day's Work:

Time spent by a Team Member in travel as part of his/her principal activity, such

as travel from hotel property to hotel property during the workday or attending

mandatory work related meetings or a training program, is work time and shall be

counted as hours worked. If a Team Member is required to pick up materials,

equipment or other employees, or is to receive instructions at a location before

traveling to the work site, compensable time starts at the first departure site.

Home to Work on a Special One Day Assignment in Another City:

A Team Member who regularly works at a fixed location in one city is given a

special one day assignment in another city, but returns home the same day, is

considered "home to work". The time spent traveling to and returning from the

other city is considered work time and is compensable time. The Team Member

is paid for the time traveling minus their normal commute time to their regular

work location.

CAN THEY DO THIS?

1 Answer from Attorneys

Related Questions & Answers

More Labor and Employment Law questions and answers in California

Looking for something else?