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california drive time under industrial wage order 16 California

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  • california drive time under industrial wage order 16 California

    hello, I worked for former employer for 16 months during this time I drove company truck from shop to jobsites and back and accumulated roughly 170 hours for which I was compensated at minimum wage. im an electrician in construction industry and while researching articles for a paid sick time dispute with employer came across section 5 of industrial wage order 16 which states that this drive time should be paid at regular rate of pay or premium pay if applicable.. other wage orders I know state that this may be paid at minimum wage but this order seems to be specific that no such reduction should have been allowed. am I correct in how I understand this to be? I have amended my wage claim to include these underpaid hours and approx. 60 of these hours should have been overtime pay. also the part that ties this to my original claim is belief that these hours should have been counted towards total hours worked each day in regards for paid sick day accrual which the company failed to do.

    thanks for your time

  • #2
    over 200 views and 3 and half days and no one has a reply?? I cant be the first employee in California to be asserting this claim against my former employer can I?

    Comment


    • #3
      You might still get a reply here. If you don't, you might try contacting the Ca. DLSE or a Ca. employment law attorney.
      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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      • #4
        thanks for the reply, as I stated in my post I already have a wage claim which was filed with dsle, but at our first informal conference I have amended my claim to include this underpayment of wages and overtime issues with my original claim against former employer with withheld sick time accrual and wage statement violations. I'm just looking for more information to use to present my case at upcoming hearing as most everything says that my travel time can be paid at the reduced minimum wage like it seems to say in most every other wage order but wage order 16 which is for construction and I am an electrician working on t.I. and ground up projects states that this pay should be my regular rate of pay and it seems very few sites/ blogs forums are unaware of this.

        Comment


        • #5
          I know general CA wage law, but nothing about specific wage orders unfortunately and DAW hasn't been here (who knows a whole lot more). Usually I have time to research, but don't this week..... I agree that generally it would be allowed for the employer to pay minimum wage for drive time as long as they told you ahead of time before you worked those hours. All you can do is present your case that you are a construction worker that falls under that wage order. I have no idea if electricians do because the wage order itself doesn't explicitly state they do. I suspect your employer will argue that you do not fall under that wage order. And truly it is up to DLSE to decide.

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          • #6
            I am not familiar with that particular wage order. Having a different rate for drive time as opposed to other work time is normally both common and legal. This is the first time I have heard that someone thinks its not. I took a quick look in the CA-DLSE manual, found nothing useful, and said nothing because I had nothing to say. If I were the principal, I would send CA-DLSE a formal request (in writing) for an opinion letter.
            "Reality is that which, when you stop believing in it, doesn't go away".
            Philip K. **** (1928-1982)

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            • #7
              on the dir.ca.gov page under Wage Claim Adjudication, towards the bottom of list of topics has: Which IWC Order? classifications.
              to click on and then going down to wage order 16 clearly has electricians among many other building trades listed there.
              in first section of wage order 16 last part states that this order supercedes any and all othe orders for employees that are covered by this order.
              upon my looking into the other orders this is the only order that has this particular part in section 5:
              5. REPORTING TIME PAY
              (A) All employer-mandated travel that occurs after the first location where the employee’s presence is required by the employer
              shall be compensated at the employee’s regular rate of pay or, if applicable, the premium rate that may be required by the provisions of Labor Code Section 510 and Section 3, Hours and Days of Work, above.

              I would go to the company shop and take work truck assigned to me to project that I was typically the foreman of.. truck was full of tools and materials for electrical as well as special material, light fixtures conduit etc needed for that day or weeks work that was loaded up by myself and or a shop employee from night before. so it wasn't just for ride sharing purposes or anything like that though if a coworker wanted to ride with me instead of driving themselves to jobsite they were welcome to do so..
              as far as asking for an opinion letter and what not directly to the labor commissioner I don't believe is something im allowed to do or atleast could hurt my case as with most any that I have read have stated:

              This opinion is based exclusively on the facts and circumstances described in your request and is given based on your representation, express or implied, that you have provided a full and fair description of all the facts and circumstances that would be pertinent to our consideration of the question presented. Existence of any other factual or historical background not contained in your letter might require a conclusion different from the one expressed herein. You have represented that this opinion is not sought by a party to pending private litigation concerning the issues addressed herein. You have also represented that this opinion is not sought in connection with an investigation or litigation between a client or firm and the Division of Labor Standards Enforcement.

              this is the last paragragh in the opinion letters.

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