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driving between shifts California

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  • driving between shifts California

    I have a frustrating situation... livable, but not ideal. I'd just like to have a clearer understanding of the laws surrounding driving between shifts for my job.

    Right now I am paid by the hour but I can't bill for (so don't get compensated for) any of my wear and tear on my car, gas money per mile, or my actual time driving between jobs. The only exception to this is that they gave us each a 50 cent per hour raise to "cover" our gas cost and they are acting like this is sufficient. I suspect it is not.

    Also, we do not get any breaks in our whole work day (full time) because they count our driving time as our break since they are not paying us for it! Is this legal?

    Thanks!

  • #2
    You have several issues here.

    CA Labor Code 2802 requires the employer to "indemnify" (basically, "keep whoe" employees for personally incurred business expenses. Although the stated intend of the raise was to compensate you for using your personal vehicle for business, I have no idea whether the DLSE would consider that sufficient. You can call the DLSE and ask their opinion.

    Assuming you are a nonexempt employee, whether or not a customer can be billed for time that must be considered "hours worked" under the law is irrelevant. The time spent driving between customers (although not from home to your first customer or from your last customer to home) is work time and therefore, cannot be considered a legitimate break.
    http://www.dol.gov/dol/allcfr/ESA/Ti...9CFR785.38.htm
    http://www.dir.ca.gov/dlse/FAQ_RestPeriods.htm

    For the work time and breaks, you can file a claim with the DLSE for unpaid wages and unprovided rest breaks (also a meal period, if you aren't getting that either).
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      My understanding is that CLC 2802 does not cover commuting expense, even if there is a spilt shift. I would be interested in seeing any actual support to the contrary. Non commute expenses are covered by CLC 2802, so exactly why the drive is occuring is legally a big deal.
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)

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      • #4
        Originally posted by DAW View Post
        My understanding is that CLC 2802 does not cover commuting expense, even if there is a spilt shift. I would be interested in seeing any actual support to the contrary. Non commute expenses are covered by CLC 2802, so exactly why the drive is occuring is legally a big deal.
        I don't disagree. I just (oops) assumed we were talking about expenses incurred in traveling between customers.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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