Hello,

I'm salaried and I have to travel to another state for meeting two weeks back to back. In the past, I have also traveled home to CA for the weekend. Now, my employee is trying to force me to stay the weekend. I have read that CA has a law that say you must have 1 day of rest after 6 days. Would this apply to this issue at hand? They are saying that I'm not required to work those days, so they are not forcing me to work on the weekend. My position is that I'm in a city that I have no personal interest in and would not be there on the weekend if they were not requiring me to stay over. Therefore, it is work and I'm being forced.

Thoughts,
S.

That law has been interpreted as to really mean the equivalent of one day's rest in seven over a month period. Besides, you aren't working, so it's a moot point. Being in a different city is not enough to make it work time even if you don't want to be there. Maybe you can actually find something to do.

First off, let's take it that you meant your employer is trying to "force" you to stay. What would your employer say if you were to announce that you were returning home for the weekend? If the answer was that you were not allowed to return home than the time becomes compensable because you are under the control of the employer. They are also responsible for your lodging and meal expenses under section 2802 of the California Labor Code. Should they allow you to return home, your transportation expenses would also be the responsibility of the employer under the same 2802 provisions.

A consultation with a knowledgeable labor law attorney would give you further clarification.

I'm not sure I agree with worriedspouse. Often, companies require that employees "stay over" on out-of-town assignments to reduce costs. They figure that even with paying meals and lodging and local transportation (which they would have to do by law in California), that would be cheaper than airfare back and forth.

Also, just because YOU might want to go home on the weekends (and the company doesn't want you to) doesn't mean the employer must pay for it. That would be your choice. I'm not convinced that requiring you to stay over automatically makes the entire weekend "work time".

So, an attorney or the DLSE might be your best bet.

Based on what I'm reading, if I'm an employer, I would be able send you anywhere for any length of time without paying for you to return home. Is this correct?

Based on what I'm reading, if I'm an employer, I would be able send you anywhere for any length of time without paying for you to return home. Is this correct?

Neither of us said that. In California, the employer must hold the employee harmless for all business-related expenses that the employer directed. What I was saying is that, if YOU decide, on your own, to travel home on a weekend when the employer had already said that you were to stay over, don't count on them to pay it. That would be your decision and I'm doubting the law would support you for those additional expenses.