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Travel time to regular job sites California

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  • Travel time to regular job sites California

    We are a service provider that requires our employees to travel each evening to various job sites within Southern California (covering LA, OC, SD, Riverside and San Bernardino counties), sometimes 2 to 3 different locations in one evening. We have always paid for travel time to the job site as well as any additional travel time outside their regular work hours when a job is more than 20 miles from our office, less their normal commute time to our office from their home. We now have an employee whose commute is 1 hour each way to our office and he expects to be paid to travel home even if the travel time is less than the hour he would have spent going home from our office. We feel that we are more than fare but would like to have specific laws to refer to when discussing this with him. FYI, we also pay monthly mileage reimbursements at $0.585 per mile. Thank you.

  • #2
    See if the following helps.
    http://www.dir.ca.gov/dlse/opinions/2003-04-22.pdf

    http://www.dir.ca.gov/dlse/Manual-Instructions.htm
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      California labor law attorney

      here is a good case:

      Morillion v. Royal Packing Co., (2000) 22 Cal. 4th 575

      OVERVIEW: Defendant employer required plaintiff employees to meet for work each day at specified parking lots. Defendant transported them, in buses that defendant provided and paid for, to the fields where plaintiffs actually worked. At the end of each day, defendant transported plaintiffs back to the departure points. Defendant's work rules prohibited employees from using their own transportation to get to and from the fields. Plaintiffs argued defendant should have paid them for the time they spent assembling at the departure points, riding the bus to the fields, waiting for the bus at the end of the day, and riding the bus back to the departure points. The court concluded that the time plaintiffs were required to spend traveling on defendants buses was compensable under Industrial Welfare Commission Wage Order No. 14-80, Cal. Code Regs., tit. 8, 11140, because they were "subject to the control of an employer" and did not also have to be "suffered or permitted to work" during this travel period.
      Walter

      www.Collectovertime.com

      Disclaimer: The above correspondence does not constitute legal advice nor establish an attorney-client relationship. You should seek the advice of independent legal counsel before relying upon, acting upon or not acting upon any information contained in this correspondence.

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      • #4
        Thank you, the information you both have provided has been very helpful. We believe that we have been doing the correct thing in paying all travel time less their normal commute time to and from our office and will now communicate to our crew the California governing guidelines as they, as usual, are more stringent that the Fed.

        Cheers.
        Last edited by SASSoCal; 09-05-2008, 06:20 AM.

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