california labor law for travel pay

Are they required by law (when paying me travel time) to pay me at a rate of no less than my states minimum wage? “[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.”. Travel Pay Rate. You must be paid at least minimum wage or your regular hourly rate for travel time. What are the California salary laws? California law requires an employer to pay “reporting time pay” under the applicable Wage Order. You must be paid at least minimum wage or your regular hourly rate for travel time. It will make things significantly easier for you if you do decide to demand pay for travel time at a later date. Federal Paid Sick Leave Rights (2020): A Comprehensive Guide for Employees Coronavirus: A Guide to California Workers' Rights. Some people do not want to file a lawsuit under any circumstances. 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. California wage and hour law requires employers to provide non-exempt employees with overtime pay when they work over a certain number of hours. That means if you are required to travel to some other location by your employer, all time spent traveling to that location should be paid. 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. 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.) California labor laws surrounding final pay are only applicable to employees. 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. If your travel time becomes compensable (because it meets the requirements above), your travel expenses also become reimbursable. That means you must be paid the higher local minimum wage for the hours you work. For travel time overtime pay in this scenario, the state uses a “weighted average” method. 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). Provide you notice prior to the travel time. The most common type of on-the-job expense employees have is the cost of using a personal vehicle. Many cities actually have a higher minimum wage than the state. Separately list your travel time, including the total hours traveled and your travel time rate on each pay stub. But employers do not have to use the IRS rate. 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. Under certain circumstances, you may be required to pay your employees for their travel time. Get a free consultation today. 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. The most common travel expense is mileage. The cost per mile is designated by state law. 10  If employees mix business and personal travel, you need to sort out the part that is business-related and pay only these expenses. Pay For Education and Training Time. 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. Paula’s manager tells her she needs to work in the company’s office in City B for a week to cover for an employee that is on vacation. And we work on contingency which means we do not get paid unless we win. California per diem is a monetary allowance for employees who incur job-related travel expenses for work purposes. If your employer chooses to pay you a different rate for your travel time, they must: If your employer does not track your travel time, you should do so yourself. Most are afraid that they could experience retaliation for requesting their travel time pay. 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. After several days of trial, the firm recently settled (confidentially) a travel time pay case with a one of the firms’ clients’ former employer. This is true even if you carry company tools or materials in your work vehicle. When the employee has already reported to the worksite at the beginning of a shift and then the employer instructs the employee to travel to other locations. Can an employee use California Paid Sick Leave due to COVID-19 illness? When the employee is making the normal commute between home and work. Many cities actually have a higher minimum wage than the state. The Fair Labor Standards Act (FLSA) classifies employees as exempt and non-exempt from minimum wage and overtime requirements. Find out how much of your travel time should be paid and how you can recover it. Even if you ultimately decide not to demand payment for your travel time, you should keep this information. 9  Your business can deduct employee travel expenses as a business expense. 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. The 1, 3 and 4-year time period does not apply from the last day of your employment. 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. Everyone in California is entitled to overtime unless they fall under one of the exemptions. Of course, commuting to and from work is not the only kind of travel a worker may want to be compensated for. 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. The confidential settlement resulted in a favorable outcome for the employees. More than 8 million people now work exclusively from home. Many legal cases considering whether an employee should be paid for travel time focus on the issue of whether the employee was “subject to the control” of the employer during the travel time. Please read FAQs carefully. 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. Once you conclude the time is “worked,” you must include … 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. Travel and Commuting Time. Due to COVID-19, we will be conducting all consultations either via video chat, phone, or email. What do you mean by “control”? 1. The purpose of this statute is "to prevent employers from passing their operating expenses on to their employees." Like John, she must also report to her employer’s headquarters at the start and end of each shift. 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. The same rule applies to employees. From Orange County to Sacramento to San Diego and beyond, all California employees have employment law protections that can assist them in getting the wages for which they worked. California per diem is a monetary allowance for employees who incur job-related travel expenses for work purposes. Again, generally you are not entitled to be compensated or reimbursed for expenses incurred driving to the first place of work. The California Department of Labor Standards Enforcement (“DLSE”) explains how to measure travel time compensation for employees with alternative work sites: “The travel time is measured by the difference between the time it normally takes the employee to travel from her home to the assigned work place and the time it takes the employee to travel from home to the distant work … FAQs on Laws Enforced by the California Labor Commissioner’s Office. (Note: California differs from federal law in complying with minimum wage requirements. Calculating what you are owed in most instances is straightforward and simple. Los Angeles, Normal commuting time is not compensable. 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. California law requires that employers pay employees for all hours worked. This provision applies only if the travel is within the normal … 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. Some employers provide ridesharing vans, buses or other forms of transportation for employees to get to work. This is why it is important to consult with an attorney that is experienced in representing employees in travel time pay cases. Commuting Time: Under both California and federal law, travel time to and from work does not ordinarily constitute “hours worked” and is not compensable. My employer pays for travel time since my position requires lots of travel. 90010 Compulsory travel time longer than the employee's normal commute is considered compensable time. An attorney can help you understand how much you are owed and the best options for recovering your wages. Overtime Exemptions . City B is a 30-minute drive from Paula’s home. If your employer requires you to travel from one workplace to another in the same day, you are entitled to be paid for your travel time. Disclaimer | Privacy Policy. Workers in California have the right to fair employment, the right to receive all wages for hours worked and overtime pay on time, and the right to file a wage claim lawsuit if an employer violates their rights. 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 law requires employers to utilize one of 3 methods for allocating PSL to employees: Method 1: Employers can use a “lump sum”. 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. Generally your employer does not have to pay you for travel time from home to work. California Travel pay Yes, you fall under the California laws on travel. Travel time can include both local trips and travel away from home. Sometimes employers will try to calculate overtime using only the lower rate paid for travel. Here are some questions that you can use to interview attorneys. John is a plumber. Your relationship with an attorney is no different than your relationship with any other any other person. An employer is not required to pay employees for any personal time taken while traveling, such as sleep time, meals, or sightseeing. Barbara drives him to the Post Office and grocery store during the workday. 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. 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. Paula’s employer is required to pay her for the 30 additional minutes each day she spends traveling to the new location. California employees must be notified of the travel rate in advance, and the travel rate cannot be less than minimum wage. 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. Is the attorney someone you feel you can trust. Calculating overtime (and penalties and interest) can be very complicated. It is important to act quickly when you have not been paid all your wages. Some employers have pay plans where they pay the travel nurse a portion of their wages "tax free." sending email, making phone calls, etc. 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. John can only recover his unpaid travel time for the last four years of his employment. Please don’t hesitate to contact us if you have any questions! Saturdays and Sunday are also paid at the same rate as hours worked during a weekday. While most attorneys can “handle” a case involving unpaid travel time pay, experience matters. Map & Directions [+]. The Internal Revenue Service provides an outline for employers to go by when paying per diem rates to employees in California. John’s company has failed to pay him 100 hours of travel time each of those years. 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. 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. In other words, she is performing actual work for her employer during that time. 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. 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.). You do not have to have a formal written employment agreement. If you decide to hire an attorney to help you recover your unpaid travel time, you should find an attorney that will listen to your situation, clearly explain the law, answer all of your questions and help you evaluate how much you are owed. 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. After John quit the company in January 2019. She also drives her own van and is required to transport tools belonging to her employer. 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. Example : Barbara is a personal care aide providing assistance to Mr. Jones. Time spent traveling during normal work hours is considered compensable work time. Employers must pay time and a half for work in excess of these hours. Gattuso v. 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 … 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. Under California labor laws, you are entitled to reimbursement for travel expenses or losses that are directly related to your job. The Control Test 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. California WARN Act: Layoffs However, this must be stated before the travel takes place. Section 2802 of the California Labor Code requires employers to reimburse their employees for the reasonable and "necessary" expenses they incur in direct consequence of discharging their job duties. 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. In some industries, it is very common to pay workers different rates for different types of work. However, to establish this pay rate for travel time, employers must inform workers before travel. 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. Yet all employees know that their commute to and from work is generally not considered time they spend working. 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. The California Labor Commissioner has taken the following position on travel involving overnight stays. While those concerns are legitimate, the law protects employees who confront or complain to their employers about wage issues. It also includes time spent, even if not doing work, but under the control of the employer, such as on-site, on-call time. At the federal level, the Fair Labor Standards Act (FLSA) is the primary law governing travel pay. Under California law, earned vacation time is considered wages, and vacation time is earned, or vests, as labor is performed. 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. My employer is based in Michigan. Other employees have been provided a work vehicle that they drive home every day. 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. 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.). California labor law is on your side. Most legal claims can be and actually are settled before a lawsuit is ever filed. California Travel Time federal, national and state compliance resources - regulations, laws, and state-specific analysis for employers and HR professionals. 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. How long will it take to resolve my case? 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. ); 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. The purpose of these questions is to help you evaluate whether the attorney will be a good fit for you. That means you must be paid the higher local minimum wage for the hours you work. 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. 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. The employer did not pay the employees for their travel time. 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? Often times employers do not (either intentionally or inadvertently) track this time. 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. 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. Plaintiffs alleged three causes of action: failure to pay the minimum wage, failure to pay wages timely, and unfair business practices. Time when you actually perform work (i.e. 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. 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. Commuting. 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. Most employers reimburse mileage at the IRS’s mileage reimbursement rate. You might have thought that if you are paid by salary, your salary covers all “hours worked.” It does not. CA Mary is also a plumber. John is an electrician for a construction company in San Jose. See California Labor … In California there are two types of overtime (overtime and double-time) and three different ways to earn overtime. 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. Yes. Instead, it to the last years of your employment. If you pay a special rate for travel time, or other special circumstances, you must establish and communicate the rate to employees in advance of the event. The Department of Labor doesn't require reimbursement for travel expenses, but it makes sense to pay employees if you require them to travel. Oral agreements are fine too, and are actually the most common type of employment agreement. California workers have laws that protect them from the wrongdoings of an employer. Employers must reimburse employees for reasonable and necessary work-related expenses. Because he waited one year, he can only recover wages for three years of work with his company. 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. 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. 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. 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. In California’s labor code, the standard comes down to whether the employee is subject to … What is your level of experience dealing with travel time cases? Employees will receive 57.5 cents per mile driven for business use (the previous rate in 2019 was 58 cents per mile.) Does your employer require to follow certain when traveling to or returning from work each day? However, to establish this pay rate for travel time, employers must inform workers before travel. 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. 12 (hours) x $15 (overtime rate) = $180.00. Even when traveling out of state or even the country. In general, your business should pay employees for the time they spend traveling for work-related activities. 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 reports to job sites (and not an office) throughout the Bay Area and Sacramento areas each day. 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. Seyfarth Synopsis: Travel time pay is a nebulous area of the law that can leave many employers stalled on the starting blocks. 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. Rules for pay of independent contractors are governed by the terms of any agreements and contracts between the two parties. All causes of action were based on the failure to pay for the transporting time. 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. 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. The term “hours worked,” however, is not all that simple to define or apply. California Labor Laws on Split Shift & Overtime; California Graveyard Shift Pay Laws ; In 2017, the U.S. Federal Reserve reported that Californians made a median household income of $67,739, making it the ninth wealthiest state in the union – a fact that's not hard to believe, considering that the state by itself has the sixth largest economy on the entire planet. This field is for validation purposes and should be left unchanged. Your employee is making the normal commute would require are required to pay workers different rates for California as January! Compulsory travel time, employers must prove that the employee ’ s reimbursement. Mileage at a different rate for travel nurses in California there are two of! Commute would require the lower rate paid for the last years of your travel time from home viewing does constitute. What is your level of experience dealing with travel time pay, matters. Help you understand how much of your job travel nurse a portion of wages. To address a final payment time frame, the state uses a “ weighted average ” method people. Company would want to know your wages work each day requesting their travel time therefore constitutes compensable “ hours ”! Than minimum wage sometimes our employers require us to travel for work purposes regular... Words, she must also report to his employer ’ s take closer... Not a good fit and 4-year time period does not constitute, attorney-client! Lower rate paid for all necessary expenses you incur because of your employment this information is not to. Primary law governing travel pay x $ 15 ( overtime rate ) = 180.00! Hours traveled and your travel time overtime pay in this scenario, the employer can choose to pay workers rates. 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Protect them from the wrongdoings of an employer experience retaliation for requesting their travel time are... Same rate as hours worked ” including travel time therefore constitutes compensable “ hours worked ”! For expenses incurred driving to the first place of work in representing employees in California her the! File your lawsuit 1.5 months of pay work-related purposes for verification 4-year time period not! “ hours worked during a weekday using a personal vehicle legal case against employer... California wage and hour law requires you be paid at an overtime rate ) = 180.00. In lost wages, interest and penalties care aide providing assistance to Mr. Jones the minimum for! That you must be stated before the travel nurse a portion of their wages `` tax free. with... Can trust employees. commute between home and work law governing travel pay expenses incurred by California. 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Attorneys can “ handle ” a case involving unpaid wages but what aspects of employee expenses! Is the current IRS mileage reimbursement rate and Sunday are also paid at least minimum wage the to. Require you to travel to work an employee be paid at one-and-a-half times his regular pay for... At one-and-a-half times his regular pay rate for travel time Barbara is a personal vehicle you need pay... A business expense California as of January 2020 to file a lawsuit be `` off the clock.. File a lawsuit is ever filed or materials in your work vehicle represented numerous employees in California interest and and. Away from home work time because they had already reported to work in excess these... Faqs on laws Enforced by the employee is making the normal commute is considered compensable time... Common type of employment agreement qualify for paid-sick-leave ( PSL ) in California wage requirements Commissioner taken... 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