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Traveling Out of State California

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  • Traveling Out of State California

    I am posting this message for my boyfriend. He installs telephone networks for a living and is a hourly employee. Sometimes the job sites are out of state, therefore requiring him to fly there. His boss is a tight wad and gets frustrated when he has to pay travel time on the plane and also when he arrives on the job sites regular pay as well. In most situations he has a lay over at the airports and then works either before or after he gets to the airports. Typically speaking he usually puts on the days he arrives or the days he leaves he has put in well over 14 hour days. His boss now is saying that since he is going to be flying to work in South Dakota he is going to pay him at the South Dakota labor laws. Which is no overtime until after 12 hours. I know this is not legal but I just wanted to get a second opion. Also his boss to avoid paying all the overtime his is saying that going forward when he has employees doing out of state work he will be paying them 12 hours regular pay no matter if they work more or less. Is this legal please help me

  • #2
    No, it isn't legal. He can file a claim with the DLSE if the boss does as he has threatened.
    Megan E. Ross, Esq.
    Law Offices of Michael Tracy

    Disclaimer: The above response is a general statement of the law and should not be relied upon as legal advice. It only assumes the facts that are stated in the message. The above response does not serve to form an attorney-client relationship.


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