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Traveling Salesman exception in CA?

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  • Traveling Salesman exception in CA?

    Does anyone know whether California work comp law has a "traveling salesman" exception? Some states hold that a traveling salesman is in the course and scope of his job around the clock, even in the hotel or restaurant at night, when he is on the road for the job. Does California have that rule?
    Bob Bollinger, Attorney
    Board Certified Specialist in NC Workers' Compensation Law
    Charlotte, NC

  • #2
    Bob, I honestly don't know the answer. But given the CA is the only state that legally requires the reimbursement of travel (or other) expenses and given that they are (almost unarguably) the most liberal state in the US when it comes to employee rights, I wouldn't be surprised.

    Hopefully DAW or mlane or Patty will have more info for you.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

    Comment


    • #3
      Sorry, no I don't. I did look at this, but since it involved Work Comp, I didn't really know. I'm thinking maybe contact the state Work Comp Division?
      http://www.dir.ca.gov/workers'_comp.html
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

      Comment


      • #4
        Under California's law;

        Injuries and illnesses that occur while an employee is on travel status are work-related if, at the time of the injury or illness, the employee was engaged in work activities "in the interest of the employer." Examples of such activities include travel to and from customer contacts, conducting job tasks, and entertaining or being entertained to transact, discuss, or promote business (work-related entertainment includes only entertainment activities being engaged in at the direction of the employer). IMO a traveling salesman would be covered only to the extent that he/she is actually performing the duties, not in their hotel or consuming a meal.

        The OP can certainly read more at the following link:

        http://www.dir.ca.gov/t8/14300_5.html
        Somedays you're the windshield and somedays you're the bug.

        Comment


        • #5
          Thanks for the responses and the link.
          Bob Bollinger, Attorney
          Board Certified Specialist in NC Workers' Compensation Law
          Charlotte, NC

          Comment


          • #6
            Originally posted by mlane58 View Post
            Under California's law;

            Injuries and illnesses that occur while an employee is on travel status are work-related if, at the time of the injury or illness, the employee was engaged in work activities "in the interest of the employer." Examples of such activities include travel to and from customer contacts, conducting job tasks, and entertaining or being entertained to transact, discuss, or promote business (work-related entertainment includes only entertainment activities being engaged in at the direction of the employer). IMO a traveling salesman would be covered only to the extent that he/she is actually performing the duties, not in their hotel or consuming a meal.

            The OP can certainly read more at the following link:

            http://www.dir.ca.gov/t8/14300_5.html
            Doesn't really sound any different for a "traveling salesman" than it would for any other employee in California.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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            • #7
              Originally posted by complwyr View Post
              Thanks for the responses and the link.
              Anytime Bob
              Somedays you're the windshield and somedays you're the bug.

              Comment

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