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Blueyrat
04-07-2006, 04:20 PM
My Fiance works for a company that is located in California, however he is a resident of Michigan and works all over the country more or less building things for department stores. I have many questions regarding his employment as one of the other employees in his crew had called to ask a question regarding his rights as an employee and he was told he had none. On speaking with someone in the Californian labour department, I was asked if he is exempt or non-exempt, which poses my first question: What is the difference between the two? Now my second question is: Are there specific laws pertaining to the rights of travelling employees? More or less regarding length of time they are allowed to be kept out without coming home, accomodations, travel pay (time travelled, petrol consumed, mileage if it's their own vehicle). If anyone can help me with any of these questions I would be so incredibly grateful. It's bad enough that he is kept away from home at great length, but then to think that he is not being appropriately treated just kills me. Thank you in advance!

mtracy
04-07-2006, 04:50 PM
Just because the company is located in California does not mean that California labor laws would apply. In general, the law of the state in which the work is performed applies. If a California worker temporarily leaves the state, then California law still applies, as does the law of the state that the work is performed in. That does not seem to be the case here.

In terms of travel issues, you can visit the following DOL page: http://www.dol.gov/dol/topic/workhours/traveltime.htm

In addition, the individual states worked in may provide additional protections. For instance, if the actual work is performed in California, then the rules would be more expansive than the DOL rules.

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