Legal Question in Employment Law in California
Is it retroactive?
My husband's residence is in California. His employeer is in Chicago. He has worked on the road for 3 years and just got a memo stating over time and travel time to be paid at California standards. They did not retroactivate it, just started paying it as of September 15th. My question is, do they owe him the difference in pay from the last 3 years?
2 Answers from Attorneys
Re: Is it retroactive?
CA law applies whether the employer understands that or not. Their change of policy is probably because they just learned it. You can make a claim to the Labor Commissioner for the unpaid time. You can hire counsel to represent you at the hearing and trial. Contact me if interested in discussing.
Re: Is it retroactive?
This could depend upon any written agreements your husband had establishing where he was performing his "work." If he was "working" in California, the California Labor Code requires an employer to reimburse employees for ALL EXPENDITURES incurred in perfoming work for the employer. Overtime is a different question any may depend upon whether he is paid hourly or salaried, and what type of work he performs in salaried as it will depend upon possible exemption classification.
He is likely due all of this travel expenditures. He may also be due overtime as well. A "quick" test for this is available on our website (which is down for the next few days changing servers.) Please email if you have further questions.
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