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  • Mandatory Meeting California Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii

    Hello,

    This question is for hourly non exempt wage earners.

    Our company is holding a mandatory meeting over 1.5 hrs away. They are offering to pay us for the time spent in the meeting.

    My question is if mileage is compensable as well since we use our own vehicles. Total round trip about 180 miles. Any law sections for reference?

    Thanks

    Interceptor

    State of California only. Looks like I have made an error when posting
    Last edited by Interceptor; 10-05-2006, 06:06 PM. Reason: wrong state

  • #2
    46.3.1 Under state law, if an employer requires an employee to attend an out-of-town business meeting, training session, or any other event, the employer cannot disclaim an obligation to pay for the employee’s time in getting to and from the location of that event. Time spent driving, or as a passenger on an airplane, train, bus, taxi cab or car, or other mode of transport, in traveling to and from this out-of-town event, and time spent waiting to purchase a ticket, check baggage, or get on board, is, under such circumstances, time spent carrying out the employer’s directives, and thus, can only be characterized as time in which the employee is subject to the employer’s control. Such compelled travel time therefore constitutes compensable “hours worked.” On the other hand, time spent taking a break from travel in order to eat a meal, sleep, or engage in purely personal pursuits not connected with traveling or making necessary travel connections (such as, for example, spending an extra day in a city before the start or following the conclusion of a conference in order to sightsee), is not compensable. If the employee’s travel from his home to the airport is the same or substantially the same as the distance (and time) between his home and usual place of reporting for work, the travel time would not begin until the employee reached the airport. The employee must be paid for all hours spent between the time he arrives at the airport and the time he arrives at his hotel. No further “travel” hours are incurred after the employee reaches his hotel and is then free to choose the place where he will go. (O.L. 2002.02.21)
    From the DLSE Enforcement manual.
    I have been interested in employment rights for some time, however I am not a lawyer. Always consult with an attorney, as they are more knowledgeable.

    Comment


    • #3
      And that cite is for time worked.

      Here is the cite for expenses. See Section 2802:
      http://www.leginfo.ca.gov/cgi-bin/di...file=2800-2810
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

      Comment


      • #4
        Thank you both for your replies.

        My guess would be either wages are due at the state min wage ,or mileage is due at what rate I am not certain.

        Any thoughts ?

        Thanks
        Interceptor

        Comment


        • #5
          My thought

          I would think that your wage(unless prior notice) would be due(minus your regular commute) for all employment related travel, and milage (expenses) for using your car.
          I have been interested in employment rights for some time, however I am not a lawyer. Always consult with an attorney, as they are more knowledgeable.

          Comment


          • #6
            I agree with Joe916. I read in the link I posted (or somewhere else in the DLSE manual) that CA considers the IRS maximum (nontaxable) mileage rate to meet this requirement.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

            Comment

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