California labor law requires that overtime be paid after 8 hours in a day or 40 hours in a a week. Instead, it to the last years of your employment. 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 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. 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.”. Example : Barbara is a personal care aide providing assistance to Mr. Jones. 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. While those concerns are legitimate, the law protects employees who confront or complain to their employers about wage issues. He waited one year until January 2020 to file his lawsuit. Even if you feel this way, you may still be able to recover your travel time. When the employer provides transportation to a jobsite (example: a bus or company van) but does not require that employees use of that mode of transportation to arrive at the job. 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. If an employee is eligible for overtime compensation, and the employee’s travel time puts him or her over the standard forty-hour work week, then the employee should be paid overtime compensation accordingly. Barbara drives him to the Post Office and grocery store during the workday. Are they required by law (when paying me travel time) to pay me at a rate of no less than my states minimum wage? My employer pays for travel time since my position requires lots of travel. But what aspects of employee travel are California employers required to pay for? Travel Pay Rate. Compulsory travel time longer than the employee's normal commute is considered compensable time. Each day, he must report to his employer’s headquarters at the start and the end of his shift. If you are a non-exempt employee and your company pays you a salary, you are also entitled to be paid for your travel time. John is not entitled to be paid for the time he spends commuting between his home and company headquarters because even though he is hauling tools that belong to his employer, that does not add time or exertion to his commute. Time spent commuting in a company provided vehicle is only compensable when it is compulsory. Travel time can include both local trips and travel away from home. You must be paid at least minimum wage or your regular hourly rate for travel time. City B is a 30-minute drive from Paula’s home. What Methods Can Employers Use to Reimburse for Vehicle Expense? 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. Most are afraid that they could experience retaliation for requesting their travel time pay. So, let’s take a closer look. 1908, 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. Los Angeles, CA 90010. Personal Vehicle Mileage Reimbursement Rates Sometimes travel time is compensated at a different rate than normal hours worked, but employees who are eligible for compensated travel time should be paid accordingly under California law. Once you conclude the time is “worked,” you must include … 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. The Fair Labor Standards Act (FLSA) classifies employees as exempt and non-exempt from minimum wage and overtime requirements. 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. This issue can become complicated for travel nurses. 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. The California Labor Commissioner has taken the following position on travel involving overnight stays. FAQs on Laws Enforced by the California Labor Commissioner’s Office. I am a california Resident working in california. Here is the current version of the Reporting Time … You do not have to have a formal written employment agreement. sending email, making phone calls, etc. Like John, she must also report to her employer’s headquarters at the start and end of each shift. You don't have to pay employees for travel that is incidental to the employee's duties and time spent commuting (traveling between home and work). If your employer does not comply with the above, then they are the hook to pay you a penalty for each day they don’t pay you all of your final wages, up to a maximum of 30 days of your average daily pay. California per diem is a monetary allowance for employees who incur job-related travel expenses for work purposes. For additional questions on COVID-19 matters and the laws that we enforce, email us at LCO-COVID-19@dir.ca.gov. Many cities actually have a higher minimum wage than the state. However, some states have stricter overtime policies and require overtime in other situations. 9  Your business can deduct employee travel expenses as a business expense. California labor laws surrounding final pay are only applicable to employees. 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.). At the federal level, the Fair Labor Standards Act (FLSA) is the primary law governing travel pay. $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. Federal law requires employers to pay nonexempt employees a minimum wage of $7.25 per hour.⁠4 Fortunately, California state law is more favorable to employees than in this context. California workers have laws that protect them from the wrongdoings of an employer. If you have been reassigned to a new office, then “normal” travel time rules where you are not paid for driving from your home to work, apply. Please read FAQs carefully. 1. While it may be legal to exclude the income from taxable wages, this does not … Here are some questions that you can use to interview attorneys. 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. Paid Non-working Time Overview in California There are times when you need to pay a nonexempt employee for time not spent working. And the California Labor Commissioner has taken the position that if the employer reimburses at the IRS rate, it has satisfied its obligation. Even if you ultimately decide not to demand payment for your travel time, you should keep this information. John can only recover his unpaid travel time for the last four years of his employment. And there are many reasons why the company would want to settle before you actually do file a lawsuit. Overtime is based on the “regular rate of pay.”Employers who miscalculate the regular rate of pay may owe employees back pay plus interest.. California employers must also run payroll according to certain pay periods. Gattuso v. Both Anna and Henry must be paid for the time driving to Costco and the job site because they had already reported to work. Labor Code Section 202 An employee without a written employment contract for a definite period of time who quits without giving 72 hours prior notice must be paid all of his or her wages, including accrued vacation, within 72 hours of quitting. If you are interested in resolving your case without having to file a lawsuit and obtaining maximum compensation (including interest and penalties), you should contact an experienced attorney to help you negotiate the settlement. 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. She also drives her own van and is required to transport tools belonging to her employer. 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. California nurse labor laws give travel nurses the right to receive meal and rest breaks, as well as overtime pay and minimum wage. California wage and hour law requires employers to provide non-exempt employees with overtime pay when they work over a certain number of hours. California employment law also allows employers to implement a different rate of travel time pay to be no less than California minimum wage. Of course, commuting to and from work is not the only kind of travel a worker may want to be compensated for. Drew Lewis has also represented numerous employees in travel time pay cases. In California there are two types of overtime (overtime and double-time) and three different ways to earn overtime. She spends 15-minutes more (one-way) each day driving to the new location. 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. 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. 2) How is Paid Sick Leave Accrued for Travel Nurses in California? Due to COVID-19, we will be conducting all consultations either via video chat, phone, or email. CA “[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.”. The most common travel expense is mileage. Your employer can choose to pay you a different rate for your travel time than it pays for your regular work. This information is not intended to create, and receipt Everyone in California is entitled to overtime unless they fall under one of the exemptions. 10  If employees mix business and personal travel, you need to sort out the part that is business-related and pay only these expenses. Makeup Time Pay 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. If an employee is eligible for overtime compensation, and the employee’s travel time puts him or her over the standard forty-hour work week, then the employee should be paid overtime compensation accordingly. This method is incorrect. The information on this website is for general information purposes only. 1908 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. Time spent driving, or as a passenger on an airplane, train, bus, taxi cab, or car, or other mode of transport, in traveling to and from this out-of-town event, and time spent waiting to purchase a ticket, check baggage, or get on board, is … time spent carrying out the employer’s directives, and thus, can only be characterized as time in which the employee is subject to the employer’s control. Such compelled travel time therefore constitutes compensable “hours worked.”. The cost per mile is designated by state law. But those damages have shorter recovery periods. The bottom line is that if your employer has promised you or has actually paid you a rate higher than the minimum wage for your “regular” work, that is the rate you are entitled to be paid for your travel time. A Brief History of California Minimum Work Hours. However, to establish this pay rate for travel time, employers must inform workers before travel. 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. Some people do not want to file a lawsuit under any circumstances. Sometimes an attorney and a potential client are not a good fit. The same rule applies to employees. But once the employee reaches his hotel (or other destination) and is free to choose where he goes next, that time is no longer compensable. See California Labor Code Section 201 and Section 203. Your employer only has to pay for this travel time if you are required to attend the event or travel as part of your job. Time spent in home-to-work travel by an employee in an employer-provided vehicle, or in activities performed by an employee that are incidental to the use of the vehicle for commuting, generally is not "hours worked" and, therefore, does not have to be paid. For travel time overtime pay in this scenario, the state uses a “weighted average” method. Note that you must be free to go where you choose, to be "off the clock". California WARN Act: Layoffs John is an electrician for a construction company in San Jose. The employer did not pay the employees for their travel time. In California nearly 6% of workers work from home, a percentage that almost doubles when you look at some locations in the San Francisco Bay and Los Angeles areas. Many cities actually have a higher minimum wage than the state. 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 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. Travel Time Pay. 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. What do you think is the best strategy for handling my case keeping in mind my goals? When the employee is required to engage in overnight travel (for example, if the employee is required to take an airplane to attend a conference in another state, the employee must be compensated for time traveling, as well as time spent checking bags, going through security screening, etc.). 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? Your attorney should be able to add real value. The confidential settlement resulted in a favorable outcome for the employees. Some employers provide ridesharing vans, buses or other forms of transportation for employees to get to work. Time when you actually perform work (i.e. 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. So, YES, travel nurses qualify for paid-sick-leave (PSL) in California! 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. In conclusion, California employees who travel for work are often entitled to travel pay. Calculating what you are owed in most instances is straightforward and simple. Sometimes our employers require us to travel for work-related purposes. Generally your employer does not have to pay you for travel time from home 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. How long will it take to resolve my case? 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. That means you must be paid the higher local minimum wage for the hours you work. These amounts may change on a yearly basis and is available through the IRS for verification. California Paid Sick Leave. The Internal Revenue Service provides an outline for employers to go by when paying per diem rates to employees in California. The Internal Revenue Service provides an outline for employers to go by when paying per diem rates to employees in California. California per diem is a monetary allowance for employees who incur job-related travel expenses for work purposes. The analysis is compounded when the hours worked are, for instance, part of the employee’s commute, consist of travel to a remote conference, or spent moving from client to client throughout the day. Find out how much of your travel time should be paid and how you can recover it. California Travel Time federal, national and state compliance resources - regulations, laws, and state-specific analysis for employers and HR professionals. Commuting. John can recover his unpaid wages going back four years from January 2020. Again, generally you are not entitled to be compensated or reimbursed for expenses incurred driving to the first place of work. 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. 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. Whether or not you are entitled to be paid while traveling to the first place of work in your employer’s vehicle depends on whether or not you were required to do so. What are the California salary laws? 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. Can an employee use California Paid Sick Leave due to COVID-19 illness? Disclaimer | Privacy Policy. Is the attorney someone you feel you can trust. John has worked for his company for 6 years. California wage and hour laws affect salaried and non-salaried … 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. Seyfarth Synopsis: Travel time pay is a nebulous area of the law that can leave many employers stalled on the starting blocks. Commuting Time: Under both California and federal law, travel time to and from work does not ordinarily constitute “hours worked” and is not compensable. The calculation is a little more complicated if you are a salaried non-exempt employee, you are paid by commission or receive bonuses, or you are paid a different/lower rate for travel time. 3600 Wilshire Blvd, Oftentimes, when an employee is required to travel for work and are entitled to be paid for that time, they are working “off the clock.” That means you are not being paid for that time. 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. Employees will receive 57.5 cents per mile driven for business use (the previous rate in 2019 was 58 cents per mile.) Mary is also a plumber. However, commuting travel time may be compensable under California law if the employee is subject to the control of the employer during the commute. Most legal claims can be and actually are settled before a lawsuit is ever filed. The most common type of on-the-job expense employees have is the cost of using a personal vehicle. Employers don’t have to pay their non-exempt (hourly) employees for an ordinary commute to and from work, even if an employee reports to different locations. Your relationship with an attorney is no different than your relationship with any other any other person. Labor Code Section 207 Wages earned between the 1 st and 15 th days, inclusive, of any calendar month must be paid no later than the 26 th day of the month during which the labor was performed, and wages earned between the 16 th and last day of the month must be paid by the 10 th day of the following month. An employer is not required to pay employees for any personal time taken while traveling, such as sleep time, meals, or sightseeing. ) throughout the Bay Area and Sacramento areas each day, he report... 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