Legal Question in Employment Law in California
paid for travel/drive time? paid for mileage?
My job requires me to travel to several store locations in my area. I've recently been required to travel to a new location about 100 miles away (all of my other locations are within 30 miles). With traffic, my time spent getting to the new location is up to three hours. I'm an hourly employee, non-exempt, and I use my own vehicle to drive to these locations. Is my employer required to pay me my hourly wage for the hours I'm spent in traffic driving to the distant location, and, since it is not a company vehicle, are they required to pay me mileage or gas expenses?
4 Answers from Attorneys
Re: paid for travel/drive time? paid for mileage?
You should request pay for the commute time between stores; if you go to the closest and then to the furthest away, all that time is 'on duty' and compensable, as are expenses. Contact me if you need representation in seeking that payment. Your employer is not going to be happy, obviously, but he is not allowed to retaliate against you for making what you believe to be a valid claim. To retaliate would open him up to further claims.
Re: paid for travel/drive time? paid for mileage?
Quick answer and based on info provided, yes.
Re: paid for travel/drive time? paid for mileage?
Time spent in home-to-work travel by an employee in is not "hours worked" and therefore does not have to be paid. The same is true for activities that are incidental to the use of the vehicle for commuting, such as gassing up However, this applies only if the travel is within the normal commuting area for the employer's business
If an employee reports to the regular workplace and is then required to travel to another work site to work for the day, travel time to the assigned workplace must be paid and when an employee is required to report to a work site other than the regular site, and goes directly to that site without first going to the regular site, the employer must pay the employee travel time for any time in excess of the employee's normal commute time to and from the regular site.
Most important, if the travel time is "hours worked" you must be paid overtime for all hours over 8 in a day or 40 in a week
As to reimbursement for auto expense, if the time is "hours worked", you are entitled to reimbursement for your out of pocket expenses.
If you require further advice, feel free to call.
Re: paid for travel/drive time? paid for mileage?
While the employer must pay for that drive time, the employer can set a lower hourly rate for doing so -- as long as the employer has notified you in advance of that lower hourly rate (and the rate is higher than the minimum wage.)
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