Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

Travel time - Time worked

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Travel time - Time worked

    I work in California as a service technician for a copier company. Until 2 years ago, my home office was in the town where I live, approx 2 miles from my home. That company was sold and bought by a new company who shut down "my" home office. Now the closest office is an hour away, so I basically work from my home. My service route area takes me within an hour and a half each way from my home, but with no regularity as I cover an entire county, so some days I stay in my town, other I drive 30 minutes to an hour for one call.

    With the previous company I stopped into the office everyday to get assignments and pick up any needed parts, Now I carry a "car stock", and get all my assignments via pager. I call the office at 8 o'clock to dispatch myself and call the customers to let them know I am on my way.

    My employer wants me to be at my 1st call at 8 a.m. in the morning and not leave until 5 p.m. regardless of where the call is (whether it is 5 minutes or an hour away from my home). I do get paid for mileage, but they subtract the first 7 miles of each day and the last 7 miles of each day as commute miles.

    My question is, can they require me to be at a call 90 minutes away from my hour (in the morning) when they consider my "commute time" to be equal to 7 miles worth of driving? and the same at night? keep me out until 5 and still have to drive 60 minutes plus home (remember no office in my town)

    I have read many of the previous forums, including the portal-to-portal stuff, but just can't see if it applies in the situation.
    Thanks for any light you can shed
    Stacey

  • #2
    Generally speaking, the time an employee spends going from home to work and work to home is not worktime, whether the employee reports to a fixed location or to different job sites. However, if an employee is called out on an emergency call and must travel a substantial distance to get there, that time may be compensable. This, in English, is part of what the Portal-to-Portal Act says.

    Your employer is allowing you 7 miles, that's probably more than they need to. After all, you could always move.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

    Comment


    • #3
      Regarding Drive time

      Go TO www.dir.ca.gov/dlse/

      Select "Publications"

      Select "2002 DLSE Enforcement Policies and Interpretations Manual." It is the current manual used by the California Department of Labor. Read Paragraph 46.2, it covers drive time and what is paid for or not.

      The manual is over 300 pages long. You can download it but to print it takes a long time.

      Comment

      The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
      Working...
      X