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California Construction Worker Labor Questions California

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  • California Construction Worker Labor Questions California


    I have a few questions regarding my employment situation. I work for a small construction company in California. I am an hourly employee. We work a lot of overtime which has never been an issue. My questions pertain to work days' beiginning and ending. And also mileage reimbursement laws.

    1. We are based in Sacramento. Usually, we start at our shop at 630AM on Monday mornings. Most of our work is out of town. We get paid until we stop work on the job site. We drive company vehicles, but have the option to drive our own. If we drive our own, should we get paid for mileage? Again, it's our option.

    2. If I finish all my duties on a Job site while working out of town, but I sit in the truck waiting for my foreman to finish his responsibilities, should I get paid for my time waiting? I do have the option to drive myself to and from the job but in some cases there is one truck and two or three guys sitting around waiting.

    3. Can an employee waive their right to mileage reimbursement? In other words, if an employee and employer agree that the employer is only going to pay for gas, is this legal?

    4. When working out of town - Should I get paid during my ride back to the shop to get my personal car? Again, I had the option to drive my own car.


  • #2
    1. California is a strange animal and may have some additional protections, but even under federal law if you are required to meet at the shop before you go to your first job, the travel time from the shop to the job site is work hours and must be paid. Same thing for return. The fact that you may be driving a company vehicle is irrelevant.

    2. Do you HAVE to sit in the truck? Can you go do something else?

    3. My recollection is that California has determined that anything less than the IRS rate (currently $.55/mile) does not meet the requirement of reimbursement of business expenses under Labor Code Section 2802.

    4. See #1.
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    • #3
      Originally posted by tower1 View Post

      I Have A Few Questions Regarding My Employment Situation. I Work For A Small Construction Company In California. I Am An Hourly Employee. We Work A Lot Of Overtime Which Has Never Been An Issue. My Questions Pertain To Work Days' Beiginning And Ending. And Also Mileage Reimbursement Laws.

      1. We Are Based In Sacramento. Usually, We Start At Our Shop At 630am On Monday Mornings. Most Of Our Work Is Out Of Town. We Get Paid Until We Stop Work On The Job Site. We Drive Company Vehicles, But Have The Option To Drive Our Own. If We Drive Our Own, Should We Get Paid For Mileage? Again, It's Our Option. Other Than Commuting Mileage To And From Work, You Should Be Reimbursed If You Use Your Own Vehicle.

      2. If I Finish All My Duties On A Job Site While Working Out Of Town, But I Sit In The Truck Waiting For My Foreman To Finish His Responsibilities, Should I Get Paid For My Time Waiting? I Do Have The Option To Drive Myself To And From The Job But In Some Cases There Is One Truck And Two Or Three Guys Sitting Around Waiting. Would Have To Have More Information To Answer..

      3. Can An Employee Waive Their Right To Mileage Reimbursement? In Other Words, If An Employee And Employer Agree That The Employer Is Only Going To Pay For Gas, Is This Legal? If You Or Others Do Not Make A Claim How Would Anyone Know? Tree Falls In The Woods Problem

      4. When Working Out Of Town - Should I Get Paid During My Ride Back To The Shop To Get My Personal Car? Again, I Had The Option To Drive My Own Car. Under 2802 Of The California Labor Code All Expenses You Incur In The Discharge Of Your Duties Are Compensable.

      See The Above Answers
      Walter Haines, Esq.
      "California Labor Class Action Attorneys"

      Nothing in this communication shall constitute legal advice nor is an attorney client relationship formed through this communication. You should talk to an attorney prior to acting upon or not acting upon any information contained herein.