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  • paid travel time

    I live in California but I am required to drive 3.5 hours one way to my place of employement in Reno, NV. Up until two weeks ago I was being paid to travel to work and back to my home. I am also being paid milage each way. Here is my question. My manager recently became irritated with me and suddenly the company I work for will no longer pay me time traveled to work or to home unless I traveled from California and into Neveda and stayed the night the evening prior to my day of work. I was told that once I enter into Neveda I then fall into their laws. I contacted our Human Resources department and was first told that was not their policy and never had been. only to be told later that it was the policy. No one else in the company I have spoken to knows of this policy. Human Resources did promptly pay me the money I had not been paid without any argument but I have now been removed off of much of the schedule and feel my manager is reprimanding me for going to HR.

  • #2
    Are you saying that you have a commute of 3.5 hours, or that during the course of the workday you must travel for 3.5 hours as a part of your job duties? It makes a big, BIG difference to the answer.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      Agree, need to know if the 3.5 hrs. is commute time from your home to your
      place of employment & then 3.5 hrs. from your place of employment back to your
      home?
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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      • #4
        I travel 3.5 hrs to work!I travel the same 3.5 hours home Making total commute in one work day over 6 hours. I live in California,travel to Nevada to work! Is there a pay difference once I cross the Nevada state line????My job has informed me that in order to be compensated for ANY travel time,I must stay the night in Nevada,the night prior to scheduled work day if i want to be paid for travel time ! Is this a Law??

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        • #5
          I appreciate any & all input !

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          • #6
            There is no federal or state requirement (in any state) that in regards to commutes only that time or expense be paid for the commutes. If your employer used to be paying for this, then they were doing more then the law required. In the 1940s the feds passed a law (the Portal-to-Portal Act) which specifically said that commutes are not hours worked.

            The feds have no rules that expenses (ever) need to be paid. Neither does NV. CA does have some expense reimbursement rules (CLC 2802), but those rules exclude commuting expense. Plus since you are working in NV, you are subject to NV (not CA) rules.
            "Reality is that which, when you stop believing in it, doesn't go away".
            Philip K. **** (1928-1982)

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            • #7
              Not your question but so that you are not surprised when filing your tax returns: you say you live in California. If that is the case, I believe your total income is subject to California state income tax. That includes your wages from your Reno employer.

              Is your Reno employer California based? If yes, I assume they are withholding California income tax on your Nevada wages. If they are withholding California income tax, you can disregard this comment. If your Reno employer is Nevada based, or based in any other state, and is withholding California state income tax, again there's no issue and you can ignore my comment. However, if they do not have a nexus to California, I don't believe they are required to withhold California taxes.

              If your Reno employer is not withholding California state income tax, you are still subject to California income tax on that Nevada income. In order to avoid possible penalties at tax time, unless you have sufficient deductions to offset your California tax obligation on the Nevada income, you should consider filing and remitting quarterly estimated taxes on that Nevada income to the California Franchise Tax Board.

              I went though this issue a decade ago when I worked for a Nevada employer where the Reno office had employees who lived in Truckee (California). We had no California nexus and did not withhold California taxes, but we advised those employees to consult with their tax advisor regarding their California tax obligation on their Nevada income. I doubt the California FTB has changed their expectation of collecting income tax on your Nevada income if you are a California resident.
              Last edited by Law Firm Business Manager; 07-09-2011, 09:42 PM.
              While I may work for lawyers, I am not an attorney. Comments I make are based on my working experiences and should not be interpreted as legal advice.

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              • #8
                Thank you very much for your helpful response.

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                • #9


                  Youmay look in here at this...

                  785.37 Home to work on special one day assignment in another city.A problem ariseswhen an employee who regularly works at a fixed location in one city is given aspecial 1-day work assignment in another city. For example, an employee whoworks in Washington, DC, with regular working hours from 9 a.m. to 5 p.m. maybe given a special assignment in New York City, with instructions to leaveWashington at 8 a.m. He arrives in New York at 12 noon, ready for work. Thespecial assignment is completed at 3 p.m., and the employee arrives back inWashington at 7 p.m. Such travel cannot be regarded as ordinary home-toworktravel occasioned merely by the fact of employment. It was performed for theemployer’s benefit and at his special request to meet the needs of theparticular and unusual assignment. It would thus qualify as an integral part ofthe ‘‘principal’’ activity which the employee was hired to perform on theworkday in question; it is like travel involved in an emergency call (describedin 785.36), or like travel that is all in the day’s work (see 785.38). Allthe time involved, however, need not be counted. Since, except for the specialassignment, the employee would have had to report to his regular work site, thetravel between his home and the railroad depot may be deducted, it being in the‘‘home-to-work’’ category. Also, of course, the usual meal time would bedeductible.





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