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  • Pattymd
    replied
    Good point, Michael. The poster didn't say, so I didn't know what he was doing.

    Leave a comment:


  • mtracy
    replied
    I just want to make a fine distinction on what Patty wrote earlier. There is a difference when the employee has a regular place of work and when her entire job consists of travel.

    From DLSE Opinion Letter 1994-02-16 http://www.dir.ca.gov/dlse/opinions/1994-02-16.pdf:

    "Inasmuch as there is no 'regularly-established' work site, any travel by the workers could be considered time under the control of the Employer."

    In this letter, the DLSE was answering a question about service techs that have to drive from their homes to customer sites to fix machines. The techs would receive a call at home and then drive to the customer's site to fix the problem. The DLSE was clear that all such time would be work time. They did distinguish that travel to a site for "training", if close to where they live, would be commute time and not compensable. Important in this discussion is that there was no regular place to report to. The DLSE concluded that "Since the travel time is at the request of the Employer, that time must be compensated." The DLSE reasoned that the travel time to training sessions was similar to commuting to work and thus not compensible.

    However, in the DLSE Manual, there is a different standard spelled out if you have a regular place of business but travel from home to a remote location. In that case, the clock can be started after you spend as much time commuting to the remote location as you do normally commuting to work. (DLSE Manual 46.3.1)

    Of course, if you must first report to your worksite and then travel, all such travel time is work time.

    Michael Tracy
    Attorney
    http://www.gotovertime.com


    Disclaimer: The above response is a general statement of California law. It only assumes the facts that are stated in the message. The above response does not serve to form an attorney-client relationship.
    Last edited by mtracy; 11-22-2005, 01:25 PM.

    Leave a comment:


  • Pattymd
    replied
    I am assuming you are an employee, and not an independent contractor.

    1. Normally, one of the indications of an employee is that the company provides all the tools necessary to do the job. However, in some industries, it is common for the employee to have his own tools. Are they requiring you to have your own tools?

    2. Depends on whether you are going to/from the job site directly from home, or are reporting to the office first, then travelling. If the second, then it is travel time, all of it. If the first, legally, you do not need to be paid that time, as it would be considered commute time. However, many employers would "start the clock" after the time you would spend normally commuting to the office.

    3. Yes, 1/2 your shift, minimum of 2 hours, maximum of four hours. See here:
    http://www.dir.ca.gov/dlse/FAQ_ReportingTimePay.htm

    Leave a comment:


  • danielsan1969
    started a topic commuting and other help

    commuting and other help

    Hello I work for an assembly company and I am given jobs to complete I live in california and was wondering:

    1. What are the laws concerning providing my own tools?
    2. what are the laws concerning travel pay ie: lets say i travel 120 miles for a job, what is reasonable travel time for work before my company needs to reimburse me?
    3. What are the laws concerning a minimum work day if I show up for work am I to be paid for a minimum of 4 hours?

    I drive my own car to work and most of the time travel at least 100 miles a day and spend a minimum of two hours driving for work or more. Thanks in advace for your help.
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