Legal Question in Employment Law in California
Uncompensated Required Travel
Four years ago I took a job outside my field of expertise due to the fact that I married and no longer wished to travel. Recently, my employeer has expanded his business opening shop in both Nevada and Arizona. I am told I must travel out of state for 6 day periods. Although I use a company vehicle, I am not compensated for travel time which devours entire Sundays. I am an hourly employee. I have been led to believe I will be terminated should I refuse to make these trips. Is this legal?
2 Answers from Attorneys
Re: Uncompensated Required Travel
Probably not. You can try to resolve it yourself, which appears not to have worked. You can then try to resolve it by having counsel speak for you to the employee with 'suggestion' he correct. Ultimately, you can bring an action for unpaid compensation with the Labor Commissioner; counsel would be of help in that. If retaliated against in any way for standing up for your rights, then you may have grounds for a civil suit. If you want help in this, contact me.
Re: Uncompensated Required Travel
Normally, under California law, any time spent traveling to a location to which your employer requires you to go to perform work, must be compensated, other than time off for meal and rest periods or time spent in purely personal pursuits by the employee. Unless a written agreement for a lower "travel" wage exists, the employer must pay you your normal hourly wage and overtime wage if applicable.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
