California Unpaid Travel Time Lawyer
Some of the most confusing rules in employment law involve an employer’s obligation to pay workers for travel time. Employers often don’t even understand the rules they’re supposed to follow, and even when they do, they’re not always open with employees about situations when they should be paid for time spent traveling to or from work assignments.
This is one reason why it is so important to work with a knowledgeable California unpaid travel time lawyer if you believe you are not being fairly compensated for time and expenses related to work transportation. An experienced attorney can assess the potential violations, explain your options for recovering the amounts you are owed, and work effectively to gain full compensation.
At Justice Law Corporation, our team is devoted to ensuring that employers honor all of their obligations to employees, so we’ve seen the numerous ways that workers are missing out on compensation that should rightfully be theirs. To learn more about the assistance we could provide in your particular situation, we invite you to contact us for a free, no-obligation consultation and case evaluation.
The Basic Rule in California
All employers in California have an obligation to pay their employees appropriately for the hours worked. This is not a radical concept, and employers accept it. The challenge comes in determining what constitutes “hours worked.”
According to Section 11040 of the California Code of Regulations, “hours worked” is defined as the “time during which an employee is subject to the control of an employer and includes all the time the employee is suffered or permitted to work, whether or not required to do so.” Therefore, a determination of when an employer needs to pay for travel time is often based on the control the employer exercises during that time. A similar issue arises when determining whether an employee should be paid for time spent “on-call.”
A California unpaid travel time lawyer at Justice Law Corporation can help employees recover for unpaid travel time as well as other time that was not fairly compensated, including off-the-clock work, meal and rest breaks, and unpaid overtime.
The Beginning and End of the Work Day
A basic commute to and from the workplace is usually not considered hours worked, and employers are generally not required to compensate employees for that time unless certain circumstances are present. The California Department of Industrial Relations explains that when an employer requires employees to meet at a particular place and use the employer’s provided transportation to reach the work site, travel time from the meeting place to the work site should be compensated as hours worked. If the employee has a choice about whether to use the employer-provided transportation, that travel time would likely not be paid time. The issue in that case is control.
If an employee is required to stop at a specific place to pick up tools or supplies and then report to the workplace, the time spent acquiring the tools and traveling to the job site should be compensated as work time. At the end of the workday, the time spent returning the tools, cleaning, and putting them away would also need to be paid. Travel time from that point to the employee’s home would not be compensated.
While commuting time is generally not compensated, if an employee has a temporary change in work location that requires additional commuting time, that additional time should be compensated. However, if the employee constantly changes work locations, then commuting time is not compensated. Presumably, the understanding is that the employee has accepted a job with either a fixed location or a floating location, and if the employee has opted for a fixed location that is permanently changed, that employee could decide whether to accept the change or find a new job. However, if the change is only temporary, the employee would be expected to accept the inconvenience but be compensated for it.
If an employer is required to travel during the workday, such as to a different job site or to pick up supplies, the time spent traveling must be compensated.
Out-of-Town Travel
Employers frequently require employees to travel out of town for training, business meetings, or other events. According to the California Department of Industrial Relations, in these situations, the employer has an obligation to compensate the employee for the time spent traveling to and from the event location. This includes time spent:
- Driving to or from the event
- Traveling in an airplane, train, bus, or taxi
- Waiting in line to buy tickets, check bags, or board transportation
Time spent on these pursuits should be compensated, as the employee is carrying out the employer’s directives. However, during the trip, even though the trip as a whole is undertaken to fulfill the employer’s wishes, the time the employee spends in “personal pursuits” does not need to be compensated. This includes time spent eating, sleeping, and sightseeing. When employers fail to compensate an employee for all time spent under their control, a California unpaid travel time lawyer at Justice Law Corporation can recover unpaid amounts, plus interest. If an employer has unlawfully withheld compensation from numerous employees, it may be possible to seek recovery through a class action lawsuit. The employee who serves as the class representative could be entitled to additional compensation for their role representing other employees.
FAQs About Unpaid Travel Time in California
It can be difficult to distinguish between situations where travel time should be compensated and those where it need not be, and the team at Justice Law often receives many questions about this. We cannot provide personalized answers here, but if you contact us directly, we can explain how the law applies to your situation and what recovery may be possible. For background information, here are general answers to some of the questions we receive most often.
What Should My Rate of Pay Be for Travel Time?
The rate an employer should pay for travel time depends on several factors. It should always be at least the minimum wage, and if travel time causes an employee to work more than 8 hours in a day or 40 hours in a week, the employee should receive overtime pay. The employer may pay an employee less for travel time than the rate paid for regular work, but that rate must be established before the travel starts, and the employer should separately track and report travel time on pay documents.
Is My Employer Required to Reimburse Me for Travel Expenses?
When employers require employees to travel, either overnight or locally, then the employer is obligated to reimburse the employee for “all necessary expenses” under Section 2802 of the California Labor Code. This can include the costs of meals, lodging, internet access, and transportation.
Does My Employer Have to Pay for My Time if I’m Attending Job-Related Training That is Not Required?
The laws are written to establish an obligation to pay when travel is required. If an employer gives an employee time off to attend a conference or training but does not have a policy requiring attendance at these events, the employer may not be required to reimburse the employee for the expenses of attending or to pay the employee for the time spent at the event. But it is not always easy to determine when travel is required, and the law obligates employers to pay for time an employee is “suffered or permitted to work, whether or not required to do so.” (This obligation is contained in the federal Fair Labor Standards Act as well as Section 11040 of the California Code of Regulations.) A California unpaid travel time lawyer may be able to successfully argue that the employer should be obligated to pay for travel time, or time at the event, or both, depending on the circumstances.
Do I Get Reimbursed for Using My Own Car?
When an employee travels in their own vehicle, they should be reimbursed for the mileage incurred. The U.S. government establishes an annual rate used to calculate mileage expenses for tax purposes, often referred to as the IRS rate. The rate is supposed to include fuel, insurance, and vehicle wear and tear. Employers can reimburse employees for mileage at the IRS rate, but they may use a different rate so long as it reimburses the employee’s reasonable expenses. The employer can also pay a flat fee or cover the actual expenses of running and maintaining the vehicle.
If I Get in an Accident While Driving for Work, Does My Employer Have to Pay Repair Costs?
Generally, the employer would be liable for expenses you incur while you are on company business, and that should include repairs to your vehicle. However, your employer may claim that you were operating irresponsibly and that, therefore, they should not be held liable. It is a good idea to contact an attorney if the employer refuses to cover your costs.
Find Out How Justice Law Corporation Could Help You Recover Compensation for Unpaid Travel Time
It is important to act quickly if you want to recover amounts for unpaid wages and expenses incurred while traveling for your employer. The longer you wait, the less you may be able to receive, because you can only file claims for unpaid amounts that date back four years or less, and the interest and penalties you can receive have even shorter recovery periods.
Schedule a free consultation and case evaluation today with a California unpaid travel time lawyer at Justice Law Corporation to learn about your options for recovering amounts you should have received, plus interest and penalties. To get started, call us at 818-230-7502 or contact us online now.