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Employer mandated parking spots California

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  • Employer mandated parking spots California

    My employer mandates that I park in a structure that is approximately 20-25 minutes by foot away from my office building. They provide a shuttle service, but it only runs on 30 minute intervals. The structure in question is not owned by my employer but they contract the parking out to the owner of the strucure. If I park in the company owned structure or on the street near my office, I get a ticket from company security. This situation adds up to an hour to my workday that I am not being compensated for. This also poses a hardship as it pertains to picking up my children on time from school. I am an hourly employee. Can I be compensated for the time I take to get to my office from the parking structure either by foot or by shuttle?

  • #2
    I don't see how. That's arguably part of your "commute". Seems to me if you time it correctly, you shouldn't have to wait for more than a few minutes for the shuttle.
    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
      Have you ever had to "time" Southen California traffic? If it is truly part of my commute, they shouldn't have the right to tell me where to park. Any other opinions?

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      • #4
        Only opinions that you will not like. FLSA is a 1930s era law. We have seventy some years of court decisions, plus a 1940s era law called the Portal-to-Portal Act that very specifically says that commutes are not hours worked. The employer is not legally responsible for you getting to work. You could take a bus, in which case, problem solved. Your employer is not responsible for Southern California traffic. Your employer is not even legally required to provided parking at all. All of which you do not want to hear.
        http://www.dol.gov/dol/allcfr/ESA/Ti...9CFR785.34.htm

        CA travel rules are somewhat more pro-employee then the federal rules, but even CA rules will not help you here.

        So I have a solution for you. File a wage claim with CA-DLSE. If you are really correct, and you will not be able to find anyone here who thinks you are, then you win. If instead you are wrong, you will lose. Either way, issue resolved.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

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        • #5
          Your employer also is not responsible for seeing that you can pick up your children from school on time.
          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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          • #6
            Fair enough. Never hurts to ask.

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            • #7
              As a matter of fact, I was raised in So Calif and drove from the East San Gabriel Valley to downtown L.A. for one job and to Santa Monica for another.
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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              • #8
                Disney prevailed in a case where cast members who chose to park in the designated lot and then ride the provided shuttle to Disneyland were not entitled to compensation while riding the shuttle. The judge ruled that it was the cast member's choice to drive to the lot. There were other transportation options open to the workers that would drop them off at the park.

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