OK...I am an employer and I want to make sure I pay my employee correctly for per diem (and or expenses).

I am an electrical contractor based out of San Diego. We have a new project approximately 230 miles away from the employees home. He will be going to the job site once a week. Driving there working for 4-8 hours and driving home. Drive time is approx 3 1/2 hours. Here are my questions:


Do I need to pay him for his drive time?
If so, at what rate? (normal pay, minimum wage, or prevailing wage (the job away is a prevailing wage job))?
What else do I need to pay for?
If he chooses to stay the night there, I pay for the hotel...right?
If he drives for 7 hours total, and works for 8 hours total, do I need to pay him overtime?
If he chooses to drive up the night before on a day he works in town, do I need to pay him overtime even if he goes home for a couple of hours before leaving?
Am I also required to pay him mileage if he is driving his own vehicle?
How many miles away do you have to go before per diem is required? (50 miles, 100 miles...)
Where do you start to count the miles from?
If a salaried supervisor was to go up there instead of the hourly employee, do the same rules of drive time apply (if there are drive time rules)?


Thanks for any help you can give me, I just want to make sure I do all of the right things and take care of my employees.

TAP TAP TAP...is this thing on?

Any information you could give would help. I just want to make sure I at least meet what is required by law.

TAP TAP TAP...is this thing on?

Any information you could give would help. I just want to make sure I at least meet what is required by law.

UH, You posted this on a Friday evening. It is now Sunday. Most of the professionals (unpaid volunteers) on the board have the weekend off, and do not spend it in front of the computer.. Once things slow down on Monday, you should have your answer.

Even better, read the other threads that have to do with CA labor law, and follow the links.

OK, let's try this.

1. Yes (specific to California)
2. Not an expert of prevailing wage, sorry
3. Too vague a question
4. Maybe, maybe not. However it would be to your advantage to have him go up the night before rather than driving 5 hours in the morning of a work day.
5. Depends on when the driving is done. Drive time is hours worked.
6. See #4 and #5.
7. Yes.
8. Per Diem is never required under wage and hour law. It MAY be under a contract.
9. Depends, but arguably, you can deduct the mileage for his normal commute.
10. If by salaried, you mean exempt, your question is moot. If nonexempt, the same as any other nonexempt employee.

Honestly, most of your questions are dependent upon further information; they aren't yes and no answers.

Gotsmart, I wasn't trying to be rude. I just see lots of posts over the weekend. Unfortunately, I am an impatient person that doesn't like to wait on issues. I like to take care of them right away. And yes...I've done many searches and have not found a lot of answers.

Pattymd, Thank you very much for your input. I appreciate any and all help you gave.

OK, let's try this.

8. Per Diem is never required under wage and hour law. It MAY be under a contract.


What about drive time? When am I required to start paying drive time? In all of my years working for someone else, I never was paid drive time. Work has always started when the employee gets to the job site. Sometimes I would drive 20 minutes, other times I drove 1.5 hours or longer (depending on traffic). An office worker doesn't get paid while they drive to their office. Why would a construction worker get paid to drive to their "office". I would understand if I had them go to a supply house and then to the job site. I would start to pay them at the time they got to the supply house.

Does that make sense? Is there some amount of distance or time behind the wheel that says "ok...now start paying drive time" (i.e. 80 miles or more, 1 hour or more)?

Gotsmart, I wasn't trying to be rude. I just see lots of posts over the weekend. Unfortunately, I am an impatient person that doesn't like to wait on issues. I like to take care of them right away. And yes...I've done many searches and have not found a lot of answers.

Pattymd, Thank you very much for your input. I appreciate any and all help you gave.


Sorry, Most of the experts here are from the east and central US.

I will attempt to answer this, but I am no expert.

http://www.dir.ca.gov/dlse/dlsePublicWorks.html


1 Do I need to pay him for his drive time?

http://www.dir.ca.gov/dlse/Wages.pdf

This should answer most of your questions. Other specifc questions can be researched out at one or the other site.


2 If so, at what rate? (normal pay, minimum wage, or prevailing wage (the job away is a prevailing wage job))?

That is up to your agreement with him.



3 What else do I need to pay for?

A meal or two would be nice. (I am not sure if it is required, but we are talking about a top employee.) Every job that I have had where we were required to go out of town, the boss would pick up one good meal a day. I could not find specifics on this.

4 If he chooses to stay the night there, I pay for the hotel...right? That or overtime!

5 If he drives for 7 hours total, and works for 8 hours total, do I need to pay him overtime?

I believe so in CA.

6 If he chooses to drive up the night before on a day he works in town, do I need to pay him overtime even if he goes home for a couple of hours before leaving?

I would have him work a 1/2 day in town, (If it were my business) then pay the OT for the travel home. That way he is fresh for the job, and is not away from home more than one night.


7 Am I also required to pay him mileage if he is driving his own vehicle?

For anything over his usual commute.

8 How many miles away do you have to go before per diem is required? (50 miles, 100 miles...)

That is up to your specific agreement with him.



9 Where do you start to count the miles from?

Subtract his normal commute.

10If a salaried supervisor was to go up there instead of the hourly employee, do the same rules of drive time apply (if there are drive time rules)?

Check the link provided.

Pattymd is more aware of the laws than I am. That is why I try to provide the links, and let you search out your own answers.

http://www.dir.ca.gov/dlse/Wages.pdf

This should answer most of your questions. Other specifc questions can be researched out at one or the other site.


Thank you GotSmart, this one was very eye opening.:)