Legal Question in Employment Law in California

Re: Travel Pay Rate

It sounds to me as if you already know the answer to your matter - the company is required to pay you at the California wage (Unless you signed an agreement waiving your right to this and agreeing to Michigan wages, did you?).

I would argue, with caution, that you are owed more than minimum wage, but overtime rates at your hourly wage (even if you are salary or commission if applicable and you are not exempt from overtime) for your travel time. This all depends on your job and status, that you are not exempt from overtime. Accordingly, there are a few questions I would ask such as, what do you do, how are you paid, what is your title, job duties, daily functions? The answers to these questions would help me assess if you are owed overtime or not.

Finally, if you are owed California wages and/or overtime then the next question is what do you do? Of course you can approach your employer, make a polite request for the monies. You can also file with the Labor Commissioner or contact an attorney. The Labor Comm. is very impacted and will take some time. However, once you take that step, you will be putting your relationship with the employer at risk. Even though an employer is not to retaliate against your for asking for your wages, etc... that does not mean they don't and then you may have additional claims to deal with. However, as I tell my clients often, just because you have car insurance does not mean you should look for an accident. I think you have a viable cliam but you have to make the choice if you want to move forward.

You are welcome to contact my office if you have any further questions or wish to discuss the matter.

Best of luck, Beth Mora