The former refers to an employee’s personal time spent to commute back and forth from work to home, while travel time is time spent traveling by an employee for work-related activities. And because any time spent traveling is compensable, all compensable travel time in California counts toward the number of hours worked in calculating any required overtime premium pay. Employees who incur approved overnight lodging expenses may be reimbursed. Since you will have to spend time traveling from Los Angeles to New York City, your employer should pay travel time. It is highly advised to speak to an employment law attorney to find out whether or not travel time pay was calculated properly in your particular situation. Travel time is considered compensable work hours where the employer requires its employees to meet at a designated place, use the employer’s transportation to and from the worksite, and prohibits employees from using their own transportation (Morillion v. Royal Packing Co., 22 Cal.4th 575 (2000)). Pay day for full-time and part-time employees is typically the last day of the month or the first day of the next month. Waiting for the company vehicle where the use of the vehicle is mandatory. The Court also warned that employee cannot waive the right to be fully reimbursed for their actual expenses: For instance, in terms of travel time, certain tasks have been found to be compensable: If an employee is required to attend an offsite conference or meeting, the time spent traveling to and from the meeting is compensable. If you have not been for a one-day or overnight stay, seek immediately legal advice of a lawyer. 4th 575, 583(2000). 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.) Regular Commute: An employer is not required to compensate an employee for the time it takes him to go from his residence to his regular work site. However, the employee must be paid for all … All causes of action were based on the failure to pay for the transporting 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. An employer in Los Angeles and elsewhere in California is required to compensate his employees for any time spent traveling away from home. For example, let’s get back to the situation we have mentioned in the very beginning. California passed a law in 2015 mandating that employers provide at least 3 days of paid sick leave a year. Click Here To View Article. An employee is “controlled” by the employer whenever the employer “directs, commands or restrains” an employee. Although the term “suffered or permitted” is included within the Order’s overall discussion of employer control, California courts have held that the tests for whether an employee was “controlled” or “suffered or permitted” to work can also be independent of each other. Call our Los Angeles offices at 310-527-6994 or fill out this contact form today. In case you are traveling for both work-related activities and personal travel, you will have to keep separate checks for business-related expenses. Hourly employees, meanwhile, should be paid on an hourly basis, which means travel time may not be as easy to calculate. Federal regulations mandate that an employee be paid at one-and-a-half times his regular pay rate for time worked over 40 hours a week. In other words, is the employer in control? Employers may require employees use their vacation or paid time off benefits before they are allowed to take unpaid leave, but cannot mandate that employees use paid sick leave. The Portal-to-Portal Act makes clear that employers do not need to pay employees for time spent traveling from their homes to their workplace before the start of the workday or traveling from their workplace to their homes after the workday is over. Under this option, they were compensated for time spent traveling to and from the garage. It is illegal for an employer to retaliate … For non-exempt employees, travel time – as well as education and training time – are classified as “working hours,” which means their employers are legally required to pay them for it. Bono Enterprises, Inc. v. Bradshaw (1995) 32 Cal. One option is to establish a separate rate of pay for travel time that is less than the employee’s normal hourly rate. If, for instance, an employer provides a bus for workers that picks them up at a subway station and transports them to work but the employee could get there by using his own transportation; i.e., a car, bike, etc., the employer is not required to pay compensation. Be sure and check your location for its own minimum wage rate. Please contact us with questions at 650-265-0222 or info@svelf.com. Travel Time. Travel time itself is not the only thing that an employer pays for. One and one-half times the employee's regular rate of pay for all hours worked in excess of eight hours up to and including 12 hours in any workday, and for the first eight hours worked on the seventh consecutive day of work in a workweek; and Also note that the time spent in attending a mandatory conference or meeting is compensable at the employee’s regular rate of pay. 2201: Travel and Relocation Policy Calculating travel time pay for salaried employees, who get paid bi-weekly or monthly, is not a problem, since they get paid regardless of the number of hours worked. Exempt employees, who are paid based on their performance and expertise, are not entitled to travel time pay. The California employer must pay 1-1/2 or 2 times the regular rate of pay for all time worked over 8 hours in a day or 40 hours in a week. On Call Time For Employees in the Housekeeping Industry. 5542(b)(2) and 5544(a)(3) and 5 CFR 550.112(g) and (j). 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