Article: california labor law for travel pay
December 22, 2020 | Uncategorized
We provide free case evaluations for employees who want to know if they have a legal case against their employer. Due to COVID-19, we will be conducting all consultations either via video chat, phone, or email. He waited one year until January 2020 to file his lawsuit. Paid Non-working Time Overview in California There are times when you need to pay a nonexempt employee for time not spent working. So, let’s take a closer look. See California Labor … Salaried employees are exempt. Mary is entitled to be compensated for the time spent loading, unloading, and cleaning the tools, as well as for the time she spends traveling between the storage facility and company headquarters. Please read FAQs carefully. She spends 15-minutes more (one-way) each day driving to the new location. As an enforcement policy, WHD will not consider as work time the time the employee spends as a passenger on an airplane, train, boat, bus or automobile when in travel away … It is important to act quickly when you have not been paid all your wages. An employer is not required to pay employees for any personal time taken while traveling, such as sleep time, meals, or sightseeing. Because John has to spend hours in traffic each day driving to different locations throughout Northern California, he might be entitled to be paid for some or all of the time he spends traveling. CA The state Labor Commissioner cited a Southern California subcontractor for $12 million in wage theft infractions affecting more ... 3600 Wilshire Blvd If you are still working at the Company and would like to make a demand for your wages, it is always advisable to seek guidance from an attorney experienced in travel time pay disputes. ); Time when you do not actually perform work (and might even be doing personal things like checking the internet, texting and making personal calls), but when your employer exercises enough control over you that the law considers it working time. However, in the case of transporting tools or materials in a work van, the time you spend each morning might be compensable if you are required to load/offload the items each morning/night in order to secure them. In California there are two types of overtime (overtime and double-time) and three different ways to earn overtime. California wage and hour law requires employers to provide non-exempt employees with overtime pay when they work over a certain number of hours. Also , the employer can choose to pay no less than minimum wage for travel time. If you believe that you should have received travel pay, but were not compensated by your employer, please consult with an experienced California employment lawyer regarding the matter. Unpaid travel time can exceed over $100,000 in lost wages, interest and penalties. When the employer provides transportation to a jobsite (example: a bus) and requires that employees only use that form of transportation to get to work. The determination of whether your travel time is subject to the control of your employer often involves a complex analysis of the facts, law, and circumstances. 1908 Seyfarth Synopsis: Travel time pay is a nebulous area of the law that can leave many employers stalled on the starting blocks. More than 8 million people now work exclusively from home. The same rule applies to employees. But those damages have shorter recovery periods. Does your employer require to follow certain when traveling to or returning from work each day? City B is a 30-minute drive from Paula’s home. It only pays you for your regular (non-overtime hours). California WARN Act: Layoffs Calculating overtime (and penalties and interest) can be very complicated. A comprehensive guide to travel time pay rules in California—when employees are entitled to be paid for travel time and how to recover those lost wages. Often times employers do not (either intentionally or inadvertently) track this time. Under California law, earned vacation time is considered wages, and vacation time is earned, or vests, as labor is performed. After John quit the company in January 2019. Travel that is all in a day's work, however, is considered hours worked and must be paid. HR Manual section 2203 – Allowances and Travel Reimbursements provides additional information, including travel timeframes (fractional day of travel, trip of less than 24 hours, trip of more than 24 hours, etc.). The purpose of these questions is to help you evaluate whether the attorney will be a good fit for you. Under California meal break law (which is much more generous to employees than federal labor law), if you are a non-exempt worker, you are entitled to a 30-minute uninterrupted, duty-free meal break if you work more than 5 hours in a workday. John’s company has failed to pay him 100 hours of travel time each of those years. 10 If employees mix business and personal travel, you need to sort out the part that is business-related and pay only these expenses. Travel Time Pay. Mary is also a plumber. Travel pay in California can be a confusing area of law, but the following overview can help you navigate the ins and outs of travel pay laws in the California workplace. In other words, she is performing actual work for her employer during that time. However, to establish this pay rate for travel time, employers must inform workers before travel. 1100 Alma Suite 209 Menlo Park, California 94025, 660 J St. Suite 126 Sacramento, California 95814, 2998 Douglas Blvd., Suite 375 Roseville, California 95661, © 2020 by Drew Lewis, PC - California Employment Lawyers. Normal commuting time is not compensable. 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. In California’s labor code, the standard comes down to whether the employee is subject to … The term “hours worked,” however, is not all that simple to define or apply. California labor law requires that overtime be paid after 8 hours in a day or 40 hours in a a week. The standard asks whether the employee’s time is spent primarily for the benefit of the employer. So if you work an 8-hour day, but spend an hour traveling each day that your company has to pay for, you have earned overtime that your company has to separately pay you for. Compulsory travel time longer than the employee's normal commute is considered compensable time. This is because these activities add time and exertion beyond what her normal commute would require. After several days of trial, the firm recently settled (confidentially) a travel time pay case with a one of the firms’ clients’ former employer. Sometimes our employers require us to travel for work-related purposes. Map & Directions [+]. Here is the current version of the Reporting Time … Because he waited one year, he can only recover wages for three years of work with his company. Many employees who are still working at their company might be reluctant to confront the company, either informally or legally, about being paid for travel time. You must be paid at least minimum wage or your regular hourly rate for travel time. Here are some other common issues that arise in the context of employee travel: If you are required to travel and stay overnight for work, you might be entitled to be paid for the time you spend traveling. They can reimburse for mileage at a lower rate, so long as the rate covers the reasonable expenses incurred by the employee. California Vacation Pay Law: If an employer has vacation pay benefits (also known as paid-time-off), California labor law says those vacation days never expire and can be cashed out if an employee leaves or gets fired. Employers must reimburse employees for reasonable and necessary work-related expenses. Travel and Commuting Time. When, during required overnight travel, the employee takes time to do personal things like go out to dinner, go sight-seeing, or sleep. If the employer is simply allowing you to take time off to attend a work-related event and you are not compelled to attend the event, travel time is probably not compensable. That means you must be paid the higher local minimum wage for the hours you work. Thus, if an employee hired to provide home care services to an individual (consumer) accompanies that consumer on travel away from home, the employee must be paid for all time spent traveling during the employee's regular working hours. The purpose of this statute is "to prevent employers from passing their operating expenses on to their employees." Again, generally you are not entitled to be compensated or reimbursed for expenses incurred driving to the first place of work. Get a free consultation today. Your attorney should be able to add real value. Our firm focuses exclusively on representing employees in disputes involving unpaid wages. This includes any time employees are required to travel out of town, whether on a one-day or overnight trip. Is the attorney someone you feel you can trust. California labor laws surrounding final pay are only applicable to employees. Los Angeles, This provision applies only if the travel is within the normal … $950 (weekly earnings) / 50 (weekly hours worked) = $19/hour; $28.50 (overtime rate) x 10 (travel hours) = $285.00, $37.50 (overtime rate) x 10 (travel hours) = $375.00. Are they required by law (when paying me travel time) to pay me at a rate of no less than my states minimum wage? Your employer can even pay you a flat rate for your travel time hours so long as that rate is equal to at least the minimum wage for all time spent driving. You might have thought that if you are paid by salary, your salary covers all “hours worked.” It does not. California law does not require the employer to pay any additional pay if an employee works on the day of a holiday unless it is part of their common practice or if the employee has worked in excess of a 40 hour, 8 hour per day work week. Rules for pay of independent contractors are governed by the terms of any agreements and contracts between the two parties. In the case, three employees were required to report to a company office before getting into a work van and traveling several hours to job sites. And the California Labor Commissioner has taken the position that if the employer reimburses at the IRS rate, it has satisfied its obligation. If you have an employment agreement stating that you will be paid a certain amount for any work performed, you must be paid that same rate for travel time. Provide you notice prior to the travel time. 90010 John can only recover his unpaid travel time for the last four years of his employment. While most attorneys can “handle” a case involving unpaid travel time pay, experience matters. Calculating what you are owed in most instances is straightforward and simple. As a general rule, California employees are paid for all of their time spent working, and this includes time that an employee spends traveling for work. Some people do not want to file a lawsuit under any circumstances. If your employer takes any of these negative employment actions because you complained about your unpaid wages, you might have a legal claim against it, allowing you to recover lost pay, emotional distress and punitive damages. You must be paid at least minimum wage or your regular hourly rate for travel time. Trying to understand California labor law can be overwhelming, but as a member of CalChamber, you can find the information you need all in one convenient location. California law requires you be paid at least the minimum wage for all “hours worked” including travel time. In California, employees are entitled to be paid for all “hours worked.” Whether or not you should be paid for travel time depends on whether the time you spend traveling meets the legal requirements to be considered “hours worked.” “Hours worked” includes: An employer must pay an employee for travel time if the employee is performing actual work during that time—when the employee is using his or his employer’s vehicle for work-related purposes. Saturdays and Sunday are also paid at the same rate as hours worked during a weekday. If you use one of these employer-provided forms of transportation, but are not required to do so, then the time you spend traveling in the vehicle does not have to be paid by your employer. Instead, it starts from the you file your lawsuit. Most are afraid that they could experience retaliation for requesting their travel time pay. The law requires employers to utilize one of 3 methods for allocating PSL to employees: Method 1: Employers can use a “lump sum”. Even if you feel this way, you may still be able to recover your travel time. That means you must be paid the higher local minimum wage for the hours you work. Common examples of travel for work where you are required to stay overnight include: Time spent traveling to and from a business meeting or other event where you are required to be is compensable, whether or not the travel takes place during regular work hours, and whether or not the business trip includes an overnight stay.”. You can recover interest going back three years, and only one year of penalties can be recovered. For employees who work primarily from home, their home is considered the workplace. Many cities actually have a higher minimum wage than the state. Time when you actually perform work (i.e. This field is for validation purposes and should be left unchanged. Time spent traveling during normal work hours is considered compensable work time. Can an employee use California Paid Sick Leave due to COVID-19 illness? California mileage reimbursement law As an employer, if you choose to pay employees less than what the IRS suggests, you need to support these claims. Travel Pay Rate. Commuting Time: Under both California and federal law, travel time to and from work does not ordinarily constitute “hours worked” and is not compensable. John is a plumber. Hiring an attorney to help you calculate how much you are owed is generally the best way to ensure you are paid for all time. How long will it take to resolve my case? California Travel Time: What you need to know . California employment law also allows employers to implement a different rate of travel time pay to be no less than California minimum wage. The Control Test Paula’s employer is required to pay her for the 30 additional minutes each day she spends traveling to the new location. John is an electrician for a construction company in San Jose. Even when traveling out of state or even the country. Your relationship with an attorney is no different than your relationship with any other any other person. California law does not require the employer to pay any additional pay if an employee works on the day of a holiday unless it is part of their common practice or if the employee has worked in excess of a 40 hour, 8 hour per day work week. John has worked for his company for 6 years. Note that you must be free to go where you choose, to be "off the clock". If you have a claim for unpaid wages, you can only recover those wages going back four years from the date you file a lawsuit. What are the California salary laws? or viewing does not constitute, an attorney-client relationship. sending email, making phone calls, etc. If your employer tries to shortchange you or fails to reimburse you for work-related travel expenses, you may be able to recover compensation by filing a claim or lawsuit. Under certain circumstances, you may be required to pay your employees for their travel time. Understanding Travel Pay Laws in California As a general rule, California employees are paid for all of their time spent working, and this includes time that an employee spends traveling for work. California minimum wage laws require an employer to count employee travel time as hours worked whenever it requires employees to travel, no matter when the travel occurs. An attorney can help you understand how much you are owed and the best options for recovering your wages. So at what point does the time an employee spends behind the wheel, on a subway or train, or in a taxi for work become compensable travel time? And it is one reason the employer, if they are going to pay you a different rate for travel time, must show you on your paystub the total hours you traveled and the rate that they are paying you for those hours. The 1, 3 and 4-year time period does not apply from the last day of your employment. They aren't entitled by law to receive a minimum wage per hour or to overtime when they work more than 40 hours a week. In some industries, it is very common to pay workers different rates for different types of work. California WARN Act: Layoffs Companies do, however, have to pay such employees for travel that they require as part of the job, including travel that is substantially longer than an ordinary commute. Many cities actually have a higher minimum wage than the state. “[i]f an employee is required to report to the employer’s business premises before proceeding to an off-premises work site, all of the time from the moment of reporting until the employee is released to proceed directly to his or her home is time subject to the control of the employer, and constitutes hours worked.”. FAQs on Laws Enforced by the California Labor Commissioner’s Office. If you or a family member are sick or for preventive care, including when civil authorities recommend quarantine, isolation, or stay-at-home; The leave you have accumulated or your employer has provided to you under the Paid Sick Leave law. However, this must be stated before the travel takes place. I am a california Resident working in california. Employers must pay time and a half for work in excess of these hours. As of January 1, 2020, California law requires nonexempt employees that work for an employer with 25 or fewer employees to be paid a minimum of $12.00 per hour. However, to establish this pay rate for travel time, employers must inform workers before travel. 9 Your business can deduct employee travel expenses as a business expense. Of course, commuting to and from work is not the only kind of travel a worker may want to be compensated for. If you require employees to attend lectures, work courses, employer-sponsored training programs, or employee meetings, you must count that time as hours worked for pay purposes. For example, if an employee is entitled to two weeks (10 work days) of vacation per year, after six months of work he or she will have earned five days of vacation. Our online HR Library on HRCalifornia is conveniently organized by the topics that are most important to human resources professionals, including benefits, compensation, discrimination, health and safety, time off and more. California nurse labor laws give travel nurses the right to receive meal and rest breaks, as well as overtime pay and minimum wage. This is why it is important to consult with an attorney that is experienced in representing employees in travel time pay cases. Specifically, the California labor law 4-hour minimum pay requirement mandates that employees who are told that they have to work actually get paid for at least half of their scheduled shift, even if they are sent home early or denied the chance to work at all. case or situation. What do you mean by “control”? This information is not intended to create, and receipt Yet all employees know that their commute to and from work is generally not considered time they spend working. Instead, it to the last years of your employment. In general, employers are not required to pay their employees for time spent commuting to or from work, even if in a vehicle owned, leased, or subsidized by the employer or used for the purpose of ride sharing, as defined in Vehicle Code section 522. The most common type of on-the-job expense employees have is the cost of using a personal vehicle. Gattuso v. Overtime Exemptions . Whether an employee faces discrimination or ... California workers have the right to file a wage claim when their employers don’t pay them the wages or benefits, they are owed. See 29 CFR § 785.35One exception to this general rule is when an employee’s workday has ended and they are called back to work. If the employer decides to pay quarantined workers at less than their regular rate, it should be sure to comply with minimum-wage rules and threshold-pay requirements for exempt status, Garland said. Time spent taking a break from travel in order to eat a meal, sleep, or engage in purely personal pursuit not connected with traveling or making necessary travel connections is not compensable. If your travel time becomes compensable (because it meets the requirements above), your travel expenses also become reimbursable. Personal Vehicle Mileage Reimbursement Rates What do you think is the best strategy for handling my case keeping in mind my goals? The most common travel expense is mileage. Example : Barbara is a personal care aide providing assistance to Mr. Jones. Yes; however, as discussed above, when travel time constitutes hours worked, an employer must always pay at least minimum wage to its employees for all hours worked (see generally Wage Orders’ Section 4 and also 29 USC § 206.) Separately list your travel time, including the total hours traveled and your travel time rate on each pay stub. Both Anna and Henry must be paid for the time driving to Costco and the job site because they had already reported to work. Separately, Labor Code section 233 (commonly referred to as the “Kin Care” law) requires an employer to allow an employee to use accrued and “available” sick leave (which is the amount that would accrue during a six month period) for the purposes specified in the paid sick leave law. Other employees have been provided a work vehicle that they drive home every day. Unlike John, however, Mary is required, on her way to work, to drive to a secure storage facility to pick up the tools she will use for that day. Any employee who makes “a written or oral complaint that he or she is owed unpaid wages” is protected from: Employees are protected from actions likes these from the CEO and owner as well as from their supervisors, or in the case of companies where you work for a staffing company, from the Company where you are placed. The cost per mile is designated by state law. , or piece rate basis carry company tools or materials in your work vehicle that they experience... You be paid at least the minimum wage and overtime requirements diem rates to employees in California california labor law for travel pay are when. Require to follow certain when traveling out of state or even the country numerous employees in is! A week the laws that we enforce, email us at LCO-COVID-19 @ dir.ca.gov be a good fit for.! 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